Application of section 32 RTI Act

Relevant considerations

1. Is the document a 'document to which this Act does not apply'?

Under section 11, the RTI Act does not apply to documents listed in schedule 1 of the RTI Act.

Accordingly, an application for access to a document mentioned in schedule 1 will be outside the scope of the RTI Act and a notice must be provided under section 32(1)(b)(i) of the RTI Act.

See 'Section 11 RTI Act' Annotation.

2. Is the entity an 'entity to which this Act does not apply'?

An access application made to an entity listed in schedule 2, part 1 of the RTI Act is outside the scope of the RTI Act.

Schedule 2, part 2 of the RTI Act excludes certain entities from the operation of the RTI Act, in relation to the function mentioned in that part. Accordingly, before deciding an application is outside the scope of the Act, an agency mentioned in schedule 2, part 2, must assess the application to determine the functions of the agency to which the application relates. If the application relates to a function mentioned in schedule 2, part 2, the application will be outside the scope of the RTI Act.

3. Is the application an application to the Information Commissioner, RTI Commissioner or Privacy Commissioner?

Any access application made to the Information Commissioner, RTI Commissioner or Privacy Commissioner is outside the scope of the RTI Act.

See 'Section 26 RTI Act' Annotation.

Last updated: March 16, 2012