Application of Section 85 FOI Act
1. Does the Information Commissioner have reason to believe that a person has information or a document relevant to an external review?
The reason for the belief and the degree of relevance to the external review will turn on the facts of the particular review.
2. Does the notice stipulate a place and time for the person to provide the information, produce the document or attend before the Information Commissioner?
The time nominated in the notice for production of information or a document must be a reasonable time or within a reasonable period of time.
If a person’s attendance is required, the time and place must be reasonable.
Last updated: May 18, 2012