52A Who is aggrieved by a decision for s 53

(1) For section 52, a person is aggrieved by a decision if the decision relates to an application made by the person under section 25 and is to the effect that—

(a) the agency or Minister refuses, under section 29 or 29B, to deal with the application; or

(b) the agency or Minister refuses to give the applicant access to a document; or

(c) access to a document is to be given to the applicant subject to deferral; or

(d) access to a document is to be given to the applicant subject to the deletion of exempt matter or matter an agency or Minister considers is irrelevant matter; or

(e) an application fee is payable; or

(f) a processing charge or access charge is payable under a final assessment notice and the applicant considers the charge is wrongly assessed; or

Note—
For challenges to a processing charge or access charge payable under a preliminary assessment notice, see schedule 4 (Process for assessment of charges), part 2 (Objection process).

(g) a contention in an objection notice is rejected.

(2) For subsection (1)(f), it does not matter whether the processing charge or access charge has already been paid.

(3) For section 52, a person, including a government or agency, is aggrieved by a decision if the decision relates to an application by another person under section 25 for access to a document and—

(a) the agency or Minister should have taken, but has not taken, the steps that are reasonably practicable to obtain the views of the aggrieved person about whether or not the document contained matter that is exempt matter; or

(b) the agency or Minister has obtained the views of the aggrieved person but the decision is not in accordance with the views.

(4) For section 52, a person is aggrieved by a decision if—

(a) the decision relates to an application by another person under section 25 for access to a document; and

(b) 2 or more persons, including the aggrieved person, qualify as a deceased person’s eligible family member as defined under section 51; and

(c) the agency or Minister obtained the views of 1 of the persons and that person was of the view that the matter contained in the document was not exempt matter; and

(d) the agency or Minister did not obtain the views of the aggrieved person and the aggrieved person is of the view that the matter contained in the document is exempt matter.