Western Australian Current Acts

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FREEDOM OF INFORMATION ACT 1992 - SECT 15

15 .         Document held etc. by another agency, transferring application etc. in case of

        (1)         If the agency does not hold the requested documents but knows, or has reasonable grounds to believe, that the documents are held by another agency (other than an exempt agency), the agency has to transfer the access application to the other agency.

        (2)         If the agency holds the requested documents but the documents originated with or were received from another agency (other than an exempt agency), and are more closely related to the functions of that other agency, the agency may transfer the access application to that other agency together with copies of the documents.

        (3)         The transferring agency has to give the applicant written notice of the transfer without delay.

        (4)         The notice has to clearly state the day on which, and the agency to which, the access application was transferred.

        (5)         The agency to which the access application is transferred, or partially transferred, is to be regarded as having received the application on the day on which it was received by the transferring agency.

        (6)         The agency to which the access application is transferred under subsection (2) is required to make decisions as to access in respect of the documents of which it receives copies but not in respect of other documents that it holds which may fall within the scope of the documents requested in the original application.

        (7)         If subsection (1) or (2) applies to one or more but not all of the requested documents the agency is authorised to make a partial transfer under this section as if a separate access application had been made in respect of the document or documents to which the relevant subsection applies.

        (8)         If the agency holds the requested documents but the documents originated with or were received from an exempt agency, the agency has to notify the exempt agency that the access application has been made.



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