51 Disclosure that may reasonably be expected to be of substantial concern

(1) An agency or Minister may give access to a document that contains matter the disclosure of which may reasonably be expected to be of substantial concern to a government, agency or person only if the agency or Minister has taken such steps as are reasonably practicable to obtain the views of the government, agency or person concerned about whether or not the matter is exempt matter.

(2) If—

(a) the agency or Minister decides, after having sought the views of the government, agency or person concerned, that the matter is not exempt matter; and

(b) that government, agency or person believes that the matter is exempt matter; the agency or Minister must—

(c) give written notice to the government, agency or person concerned of—

(i) the decision of the agency or Minister; and (ii) the reasons for the decision; and

(iii) the rights of review conferred by this Act in relation to the decision; and

(iv) the procedures to be followed in exercising those rights; and

(d) give written notice to the applicant of the decision; and

(e) defer giving access to the document until after—

(i) the agency or Minister is given written notice by the government, agency or person concerned that the government, agency or person concerned does not intend to make any application for review under this Act; or

(ii) if notice is not given under subparagraph (i) and no application for review under this Act is made by the end of the review period—the end of the review period; or

(iii) if an application for review is made by the end of the review period—the application is finally disposed of.

(3) In this section—

adult child means a child who is 18 or more.

adult sibling means a sibling who is 18 or more.

eligible family member, of a deceased person, means—

(a) a spouse of the deceased person; or

(b) if a spouse is not reasonably available—an adult child of the deceased person; or

(c) if a spouse or adult child is not reasonably available—a parent of the deceased person; or

(d) if a spouse, adult child or parent is not reasonably available—an adult sibling of the deceased person; or

(e) if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was not an Aboriginal person or Torres Strait Islander—the next nearest adult relative of the deceased person who is reasonably available; or

(f) if a spouse, adult child, parent or adult sibling is not reasonably available and the deceased person was an Aboriginal person or Torres Strait Islander—a person who is an appropriate person according to the tradition or custom of the Aboriginal or Torres Strait Islander community to which the deceased person belonged and who is reasonably available.

person concerned, in relation to a person who has died, means the deceased person’s eligible family member, or, if 2 or more persons qualify as the deceased person’s eligible family member, 1 of those persons.

review period means the period within which any application for review under this Act may be made.

(4) For the definition eligible family member, a person described in the definition is not reasonably available if—

(a) a person of that description does not exist; or

(b) a person of that description can not be reasonably contacted; or

(c) a person of that description is unable or unwilling to act as the person concerned for this section.