32 Application or part of application outside scope of Act

32 Application or part of application outside scope of Act

(1) This section applies if—

(a) a person makes an application under this Act to an entity for access to a document; and

(b) the entity decides the application or a part of the application is outside the scope of this Act for 1 or more of the following reasons—

(i) the application or part relates to a document that is not a document of an agency or a document of a Minister;

(ii) for the application or part, the entity is an entity to which this Act does not apply;

(iii) the application or part is made to the OIC, the information commissioner, the RTI commissioner or the privacy commissioner in contravention of section 26

(2) Within 25 business days after the application is received, the entity must give prescribed written notice of the decision to the applicant.

Note—

A decision that an application or a part of an application is outside the scope of this Act under any of schedule 2, part 2, items 1 to 8 is a judicial function decision (see schedule 5, definition judicial function decision) which is not a reviewable decision (see schedule 4A, section 1(a)), but may be appealed to the appeal tribunal (see section 119(2)).

(3) If an entity gives prescribed written notice to an applicant of a decision under this section in relation to only part of an application—

(a) the application continues to be an access application excluding the part of the application the subject of the decision; and

(b) the entity must consider the access application as continued under paragraph (a).