1. Is the document 'in the possession or under the control' of a Minister?
The term 'possession' in this section will be satisfied if the document is in the physical possession of a Minister.1 Formal legal possession is not required; nor is it necessary to consider the means by which the document has come into the Minister's possession.2
A document 'in the possession or under the control' of a member of staff of, or a consultant to the Minister in their capacity as a staff member or consultant, is considered to be 'in the possession or under the control' of the Minister.
2. Is the document excluded?
A document in the possession or under the control of a Minister will not be a document of a Minister if it is a document of an agency or a document to which the RTI Act does not apply.3
3. Does the document relate to the affairs of an agency?
Documents of a party political nature are not documents of a Minister.4 A document relating to projects currently being undertaken by the Government rather than referring directly to the affairs of an agency, is not considered a document of the Minister.5
Last updated: March 16, 2012