AustLII Tasmanian Consolidated Acts

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RIGHT TO INFORMATION ACT 2009 - SECT 43

PART 4 - Review of Decisions Internal review

(1)  If a decision in respect of an application made to a public authority 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 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 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 for a review of the decision.
(4)  If an application for a review of a decision is made to the principal officer in accordance with subsection (1) , (2) or (3) , the principal officer 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.



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