AustLII Tasmanian Consolidated Acts

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RIGHT TO INFORMATION ACT 2009 - SECT 45

Other applications for review

(1)  A person who has applied for information in accordance with section 13 may also apply to the Ombudsman for a review of a decision if –
(a) the decision which may otherwise be the subject of an application for an internal review under section 43 has been made by a Minister or principal officer of a public authority and as a consequence the applicant cannot make an application under section 43 ; or
(ab) the decision relates to an application made to a Minister in accordance with section 13 and is a decision in relation to which a written notice must be given under section 22 ; or
(b) a Minister or public authority has made a decision that the information requested was not in existence on the day the application was made; or
(c) a Minister or public authority has made a decision to give access other than in the form requested by the applicant, except where to do so would breach copyright; or
(d) a Minister or public authority has decided that the information requested is not in the possession of the Minister or public authority; or
(e) following a decision being made by a Minister or public authority, the applicant believes, on reasonable grounds, that there is an insufficiency in the searching for the information by the Minister or public authority; or
(f) notice of a decision on an application under section 13 has not been received by the applicant and the period specified in, or calculated under, section 15 has elapsed.
(1A)  A person who is an external party may apply to the Ombudsman for a review of –
(a) a decision if the decision, which may otherwise be the subject of an application for an internal review under section 43(2) or (3) , has been made by a Minister or principal officer of a public authority and as a consequence the external party cannot make an application under section 43 ; or
(b) a decision to provide, in accordance with an application made to a Minister in accordance with section 13 , information –
(i) relating to the personal affairs of the person; or
(ii) that is likely to expose the person to competitive disadvantage.
(2)  If person has applied for information in accordance with section 13 , another person may apply to the Ombudsman for review if –
(a) a Minister or public authority has decided not to consult the person under section 36(2) or section 37(2) and the person believes that he or she is a person who was required to be consulted; or
(b) a decision has been made on a review under section 43 and a person, other than the person who applied for the review, is adversely affected by the decision.
(3)  If a notice of a decision has been given under this Act, an application referred to in subsection (1) must be made within 20 working days of the day on which the applicant received notice of the decision.
(4)  If a notice of a decision to which subsection (1A) relates has been given under section 36(3) or section 37(3) to an external party, the external party may only make an application under subsection (1A) in relation to the decision within 20 working days of the day on which the external party received the notice.



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