8 Relationship with Information Privacy Act

(1) The Information Privacy Act also provides for applications for access to documents of an agency or Minister but only to the extent the documents contain the applicants' personal information.

(2) The Information Privacy Act also provides for applications to amend documents to the extent the documents contain the applicants' personal information.

(3) If, on its face, an access application purportedly made under the Information Privacy Act should have been made under this Act because the application is for access to a document other than to the extent it contains the applicant's personal information, the Information Privacy Act, section 54 applies.

Notes—

1 Under the Information Privacy Act, section 54—

  • the applicant is given an opportunity to change the application so it is an application that can be made under the Information Privacy Act or to pay the application fee payable under this Act and have the application dealt with under this Act; or
  • the application may continue to be dealt with under the Information Privacy Act but is potentially subject to a decision under section 32(1)(b)(i), as applied by the Information Privacy Act, that the application is outside the Act's scope.

2 If the applicant pays the application fee payable under this Act, the applicant is taken to have made the application under this Act on the date of the payment—see the Information Privacy Act, section 54(4).
3 To facilitate this situation, the approved form for an access application under this Act is the same as the approved form for an access application under the Information Privacy Act and agencies will make appropriate administrative arrangements.