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INFORMATION PRIVACY ACT 2009 - SECT 50
Decision-maker for application to agency
50 Decision-maker for application to agency
(1) An access or amendment application to an agency must be dealt with for the
agency by the agency’s principal officer.
(2) The agency’s principal
officer may delegate the power to deal with the application to another officer
of the agency.
(3) Also, for an agency other than a local government, the
agency’s principal officer may, with the agreement of another agency’s
principal officer, delegate the power to deal with the application to the
other agency’s principal officer.
(4) The principal officer of the other
agency may subdelegate a power delegated to him or her under subsection (3) .
Note— Under the Acts Interpretation Act 1954 , section 27A (2) , a
delegation may be revoked, wholly or partly, by the delegator. Accordingly, a
delegation may be revoked before a decision is made in a particular case and
the delegator may make the decision.
(5) However— (a) a principal officer
may not, under subsection (2) or (4) delegate the power to deal with the
application to the extent it involves— (i) making a healthcare decision; or
(ii) appointing a healthcare professional under paragraph (b) ; but
(b) the
agency may appoint an appropriately qualified healthcare professional to make
a healthcare decision in relation to the application.
(6) In this section—
"healthcare decision" means a decision about any of the following matters—
(a) whether disclosure to the applicant of relevant healthcare information
about the applicant might be prejudicial to the physical or mental health or
wellbeing of the applicant under the Right to Information Act , section 51 ,
as applied under this Act;
(b) whether to refuse access under the Right to
Information Act , section 47 (3) (d) , as applied under this Act;
(c) whether
to give access despite being able to refuse access under the Right to
Information Act , section 47 (3) (d) , as applied under this Act;
(d) whether
to give a direction under section 92 (2) ;
(e) whether to approve a
healthcare professional under section 92 (2) .
"power to deal" , with an access or amendment application, includes
power to deal with an application for internal review in relation to the
access or amendment application. Examples of dealing with an application for
internal review— • making a new decision under section 94 (2)
•
giving notice under section 97 (3)
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