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INFORMATION PRIVACY ACT 2009 - SECT 62
Previous application for same documents—access application
62 Previous application for same documents—access application
(1) This section applies if— (a) an applicant makes an access application,
whether under this Act or the Right to Information Act, to an agency or
Minister (the
"first application" ); and
(b) the applicant makes another access application
under this Act (the
"later application" ) to the same agency or Minister for access to 1 or more
of the same documents sought under the first application and the
later application does not, on its face, disclose any reasonable basis for
again seeking access to the document or documents.
(2) For subsection (1) (a)
— (a) the first application, if made under this Act— (i) does not include
an access application taken to have been withdrawn under section 61 (4) ; and
(ii) if an access application has been narrowed under section 61 —means only
the access application as changed; and
(b) the first application, if made
under the Right to Information Act— (i) does not include an access
application taken to have been withdrawn under section 42 (4) of that Act; and
(ii) if an access application has been narrowed under section 42 of that
Act—means only the access application as changed.
(3) The agency or
Minister may refuse to deal with the later application to the extent it is for
access to a document or documents sought under the first application if— (a)
when the later application was made, the agency or Minister had not decided
the first application; or
(b) in relation to the first application if made
under this Act— (i) the applicant had been given notice under section 68
that access was to be given to the document sought or to some or all of the
documents sought; or
(ii) the agency or Minister had decided that the
application was for a document to which this chapter does not apply; or
(iii)
the agency or Minister had decided the document or documents sought were
documents access to which was refused under section 67 ; or
(iv) the agency
or Minister had refused to deal with it under this part; or
(c) in relation
to the first application, if made under the Right to Information Act — (i)
the applicant had been given notice under section 54 of that Act that access
was to be given to the document sought or to some or all the documents sought;
or
(ii) the agency or Minister had decided that the application was for a
document to which that Act does not apply; or
(iii) the agency or Minister
had decided the document or documents sought were documents access to which
was refused under section 47 of that Act; or
(iv) the agency or Minister had
refused to deal with it under chapter 3 , part 4 of that Act; or
(d) the
agency’s or Minister’s decision on the first application— (i) is the
subject of a review and the review is not complete; or
(ii) has been the
subject of a completed review (other than an internal review).
(4) For
subsection (3) , if a document sought under the later application is merely a
record of the first application having been made (a
"record document" ), access to a record document is taken to have been sought
under the first application.
(5) For subsection (3) (d) —
"review" means— (a) an internal review under this Act or the Right to
Information Act ; or
(b) an external review under this Act or the Right to
Information Act ; or
(c) a proceeding under part 11 or under the Right to
Information Act , chapter 3 , part 11 .
(6) For subsection (3) (d) , a review
is complete if the review has ended because of an informal resolution or
because of a decision of the entity conducting the review.
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