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INFORMATION PRIVACY ACT 2009 - SECT 64
Pro-disclosure bias in deciding access to documents
64 Pro-disclosure bias in deciding access to documents
(1) It is the Parliament’s intention that if an access application is made
to an agency or Minister for a document, the agency or Minister should decide
to give access to the document unless giving access would, on balance, be
contrary to the public interest.
(2) The purpose of this part is to help the
agency or Minister decide whether giving access would, on balance, be contrary
to the public interest by— (a) setting out in the Right to Information Act ,
schedule 3 , as applied under this Act, types of information the disclosure of
which the Parliament has considered would, on balance, be contrary to the
public interest; and
(b) setting out in the Right to Information Act ,
section 49 , as applied under this Act, the steps, and in schedule 4 of that
Act, as applied under this Act, factors, for deciding, for other types of
information, whether disclosure would, on balance, be contrary to the public
interest.
(3) Also, the Right to Information Act , sections 50 and 51 , as
applied under this Act, set out circumstances concerning information about a
child and personal healthcare information about an applicant in which the
Parliament has stated its intention about what is in the best interests of the
child and applicant.
(4) However, it is the Parliament’s intention that
this Act should be administered with a pro-disclosure bias and an agency or
Minister may give access to a document in relation to an applicant’s
personal information even if this Act provides that access to the document may
be refused.
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