Overview of section 12 RTI Act

Section summary

'Document of an agency' means a document in the possession of or under the control of an agency, whether brought into existence or received in the agency. A document of an agency includes a document to which the agency is entitled to access and a document in the possession, or under the control, of an officer of the agency in the officer's official capacity.

Background

Section 12 of the RTI Act is substantively similar to section 7 of the repealed FOI Act, which defined 'document of an agency' and 'document of the agency'.

Other relevant RTI/IP Act sections

Section 11 RTI Act
The RTI Act does not apply to documents mentioned in schedule 1.

Section 13 RTI Act
Section 13 defines 'document of a Minister'. A 'document of a Minister' is not a 'document of an agency'.

Section 14 RTI Act
Section 14 defines 'agency' as a department, local government, public authority, government owned corporation or a subsidiary of a government owned corporation.  The definition of ‘agency’ does not include an entity to which this Act does not apply.

Section 17 RTI Act
Section 17 defines the entities to which this Act does not apply in schedule 2, part 1 and 2.

Section 32(1)(b)(i) RTI Act
An entity may decide that an application is outside the scope of the RTI Act if the document sought is a document to which the Act does not apply under section 11 and schedule 1 of the RTI Act.

Last updated: April 18, 2017