Application of section 11 RTI Act

Relevant considerations

1. Is the access application outside the scope of the RTI Act?

If a person purports to make an application under the RTI Act for access to a document, an entity may decide that the application is outside the scope of the RTI Act if the document sought is a 'document to which the Act does not apply'.1

See 'Section 32 RTI Act' Annotation.

Section 11 of the RTI Act defines a 'document to which the Act does not apply' as a document identified in schedule 1 of the RTI Act.

2. Is the requested document of a type identified in schedule 1 of the RTI Act?

It is necessary to identify the type of document sought by the applicant. If the document is of a type listed in schedule 1 of the RTI Act, the applicant will have no right of access to that document; or in some instances, the applicant will have no right of access to the document, to the extent the document comprises certain information.2

  • 1 Section 32(1)(b)(i) of the RTI Act. [up]
  • 2 For example, schedule 1, items 1 and 12 of the RTI Act. [up]

Last updated: March 1, 2012