34 Application for personal information

(1) This section applies if, on its face, an access application made under this Act could have been made under the Information Privacy Act because the application is for access to a document to the extent it contains the applicant’s personal information.

(2) The agency or Minister must, within 15 business days after the application is received, inform the applicant that—

(a) the application could have been made under the Information Privacy Act without any application fee or processing charge being payable; and

(b) the applicant may either—

(i) ask for the application to be dealt with under the Information Privacy Act; or

(ii) confirm the application as an application under this Act.

(3) If the applicant asks for the application to be dealt with under the Information Privacy Act—

(a) the applicant is taken to have made the application under the Information Privacy Act on the date of the request; and

(b) any application fee paid by the applicant must be refunded as soon as practicable.

(4) However, the application continues to be dealt with as an application under this Act if—

(a) the applicant confirms the application as an application under this Act; or

(b) the applicant does not, within a reasonable time, either make the request, or give the confirmation, mentioned in subsection (2)(b).