Overview of Section 62 IP Act

Section summary

This provision applies where an applicant makes an access application under the IP Act or RTI Act (first application) and subsequently makes another application under the IP Act (later application) to the same agency or same Minister for one or more of the same documents and does not disclose any reasonable basis for again seeking the documents.¹

An agency or Minister may refuse to deal with the later application to the extent that it seeks access to the same documents sought under the first application if:²

• the agency or Minister has not decided the first application at the time the later application is made;³
• the applicant has been given notice that access is to be given to the document sought or some or all of the documents sought;⁴
• the agency or Minister decided that the application was for a document to which the IP Act or RTI Act does not apply;⁵
• the agency or Minister refused access to the document or documents sought;⁶
• the agency or Minister refused to deal with the first application;⁷
• the agency or Minister's decision on the first application is under review and the review is not complete; or
• the agency or Minister's decision on the first application has been the subject of a completed review (other than internal review).

However, if the document sought under the later application is merely a record of the first application having been made, access to a record document is taken to have been sought under the first application.⁸

The first application does not include an access application taken to have been withdrawn under the IP or RTI Act.⁹ If an access application has been narrowed under the IP or RTI Act, the first application means only the access application as changed.¹⁰

Other relevant RTI/IP Act sections

Section 43 RTI Act
Section 43 of the RTI Act replicates section 62 of the IP Act with no substantive alterations.

Section 61(4) IP Act
An access application may be withdrawn under section 61(4) of the IP Act. When an application is withdrawn under this provision, then a later application for the same information cannot be refused on the basis of section 62 of the IP Act.

Section 63 IP Act
If a later application for amendment deals with one or more of the same documents as a first application for amendment, an agency or Minister may refuse to deal with the later application under this section if the later application does not, on its face, disclose any reasonable basis for again seeking to amend to the document.

Section 205 IP Act
Section 205 of the IP Act states that for the purposes of sections 62 and 63 of the IP Act, a previous application under the repealed FOI Act may be considered a 'first application'. Though an agency can only refuse to deal with the later application to the extent it is for access to a document or documents sought under the first application and in the circumstances identified in section 62(3) of the IP Act.

¹ Section 62(1)(a) and (b) of the IP Act.
² 2Section 62(3) of the IP Act.
³ Section 62(3)(a) of the IP Act.
⁴ Section 62(3)(b)(i) and section 62(3)(c)(i) of the IP Act.
⁵ Section 62(3)(b)(ii) and section 62(3)(c)(ii) of the IP Act.
⁶ Section 62(3)(b)(iii) and section 62(3)(c)(iii) of the IP Act.
⁷ Section 62(3)(b)(iv) and section 62(3)(c)(iv) of the IP Act.
⁸ Section 62(4) of the IP Act.
⁹ Section 62(2)(a)(i) and section 62(2)(b)(i) of the IP Act.  
¹⁰ Section 62(2)(a)(ii) and section 62(b)(ii) of the IP Act.