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RIGHT TO INFORMATION AMENDMENT BILL 2016 BILL 28 OF 2016

                        Tasmania




RIGHT TO INFORMATION AMENDMENT BILL
                2016


                        CONTENTS
1. Short Title
2. Commencement
3. Principal Act
4. Section 43 amended
5. Repeal of Act
 
 
    RIGHT TO INFORMATION AMENDMENT
                BILL 2016

                   (Brought in by Cassandra O'Connor MP)


                                A BILL FOR

An Act to amend the Right to Information Act 2009 to ensure decisions
made by Minister's delegates are able to be reviewed under the Act.


Be it enacted by Her Excellency the Governor of Tasmania, by and with the
advice and consent of the Legislative Council and House of Assembly, in
Parliament assembled, as follows:



  1. Short title

     This Act may be cited as the Right to Information Amendment Act
     2016


  2. Commencement

     This Act commences on the day after the day on which this Act
     receives the Royal Assent.


  3. Principal Act

     In this Act, the Right to Information Act 2009 is referred to as the
     Principal Act.
 
 
   4. Section 43 (Internal Review)

Section 43 is deleted and replaced with the following:


43. Internal review

(1) If a decision in respect of an application made to a public authority or
    Minister for information has been made by a delegated officer, the
    applicant may, within 20 working days after notice of the decision is
    given to the applicant in accordance with section 22, apply to the
    principal officer of the public authority or Minister for a review of the
    decision.

(2) If -

    (a) a decision to provide information relating to the personal affairs of a
        person referred to in section 36 has been made by a delegated
        officer; and

    (b) notice of the decision has been given to an external party in
       accordance with section 36(3) -

    the external party may within 10 working days of the receipt of the
    notice apply to the principal officer of the public authority or Minister
    for a review of the decision.

(3) If -

    (a) a decision to provide information that is likely to expose an external
        party to competitive disadvantage has been made by a delegated
        officer under section 37; and

    (b) notice of the decision has been given to the external party in
       accordance with section 37(3) -

    the external party may within 10 working days of the receipt of the
    notice apply to the principal officer of the public authority or Minister
    for a review of the decision.
 
 
(4) If an application for a review of a decision is made to the principal
    officer or Minister in accordance with subsection (1), (2) or (3), the
    principal officer or Minister must as soon as practicable -

   (a) review the decision and make a fresh decision; or

   (b) arrange for a delegated officer, other than the delegated officer who
      made the decision, to review the decision and make a fresh decision.

(5) A decision on a review under this section in respect of an application
    made under section 13 is to be given in the same manner as a decision
    in respect of the original application.


   5. Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day
on which it commences.

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