Western Australian Current Acts Western Australian Current Acts (1) An appeal lies to
the Supreme Court on any question of law arising out of any decision of the
Commissioner on a complaint relating to an access application.
(2) An appeal lies to
the Supreme Court from a decision —
(a) of
the Commissioner refusing or failing to make a decision of the kind mentioned
in section 77(3); and
(b) by
the Premier confirming an exemption certificate pursuant to section 77(4).
(3) There is no appeal
under subsection (1) in relation to a decision of the Commissioner as to
—
(a) the
deferral of the giving of access to a document;
(b) the
charges to be imposed for dealing with the access application;
(c) the
payment of a deposit under section 18.
(4) An appeal lies to
the Supreme Court on any question of law arising out of a decision of the
Commissioner on a complaint relating to an application for amendment of
personal information if the effect of the decision is that information is not
to be amended in accordance with the application.
(5) There is no appeal
under subsection (4) in relation to a decision of the Commissioner as to
whether or not to deal with a complaint or in relation to any other decision
of the Commissioner not mentioned in subsection (4).
(6) An appeal under
subsection (1) or (4) may be brought by any party to the complaint.
(6a) An appeal under
subsection (2) may be brought by the access applicant.
(7) An appeal may be
lodged within the time prescribed or allowed under Rules of Court.
[Section 85 amended: No. 73 of 1994 s. 4.]