Key published decisions applying Section 45 IP Act
Mrs H applied to the Department of Education and Training on behalf of her son (child) for access to various documents relating to the child. The application was made in accordance with section 45 of the IP Act.
Relevantly, schedule 5 of the IP Act provides:
applicant, in relation to an application means;
(a) if the applicant is made for a person – the person; or
(b) otherwise – the person making the application.
Therefore, the child was the 'applicant' here, rather than Mrs H. The RTI Commissioner considered the external review as if the application had been made by the child.
Last updated: March 9, 2012
