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INFORMATION PRIVACY ACT 2009 - SECT 56
Disclosure of concern to third party
56 Disclosure of concern to third party
(1) An agency or Minister may give access to a document that contains
information the disclosure of which may reasonably be expected to be of
concern to a government, agency or person (the
"relevant third party" ) only if the agency or Minister has taken the steps
that are reasonably practicable to obtain the views of the
relevant third party about whether— (a) the document is a document for this
chapter; or
(b) the information is exempt information or contrary to public
interest information.
(2) If disclosure of information may reasonably be
expected to be of concern to a person but for the fact that the person is
deceased, subsection (1) applies as if the person’s representative were a
relevant third party.
(3) If— (a) the agency or Minister obtains the views
of the relevant third party and the relevant third party considers— (i) the
document is not a document for this chapter; or
(ii) the information is
exempt information or contrary to public interest information; but
(b) the
agency or Minister decides— (i) the document is a document for this chapter;
or
(ii) the information is not exempt information or contrary to public
interest information;
the agency or Minister must— (c) give prescribed
written notice of the decision of the agency or Minister to the applicant and
the relevant third party; and
(d) defer giving access to the document until
after— (i) the agency or Minister is given written notice by the
relevant third party that it does not intend to make any application for
review under this Act; or
(ii) if notice is not given under subparagraph (i)
and no application for review under this Act is made by the end of the
review period—the end of the review period; or
(iii) if an application for
review is made by the end of the review period—the review has ended (whether
because of an informal resolution or because of a decision of the entity
conducting the review).
(4) The agency or Minister must give the applicant
written notice when access is no longer deferred under subsection (3) (d) .
(5) In this section—
"representative" , in relation to a deceased person, means the deceased
person’s eligible family member, or, if 2 or more persons qualify as the
deceased person’s eligible family member, 1 of those persons.
"review period" means the period within which any application for review under
this Act may be made.
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