37 Disclosure of concern of third party

(1) An agency or Minister may give access to a document that contains information the disclosure of which may reasonably be expected to be of concern to a government, agency or person (the relevant third party) only if the agency or Minister has taken the steps that are reasonably practicable—

(a) to obtain the views of the relevant third party about whether—

(i) the document is a document to which this Act does not apply; or

(ii) the information is exempt information or contrary to public interest information; and

(b) to inform the relevant third party that if access is given to the document because of an access application, access may also be given to the document under a disclosure log.

(2) If disclosure of information may reasonably be expected to be of concern to a person but for the fact that the person is deceased, subsection (1) applies as if the person's representative were a relevant third party.

(3) If—

(a) the agency or Minister obtains the views of the relevant third party and the relevant third party considers—

(i) the document is a document to which this Act does not apply; or

(ii) the information is exempt information or contrary to public interest information; but

(b) the agency or Minister decides—

(i) the document is a document to which this Act does apply; or

(ii) the information is not exempt information or contrary to public interest information;

the agency or Minister must—

(c) give prescribed written notice of the decision of the agency or Minister to the applicant and the relevant third party; and

(d) defer giving access to the document until after—

(i) the agency or Minister is given written notice by the relevant third party that it does not intend to make any application for review under this Act; or

(ii) if notice is not given under subparagraph (i) and no application for review under this Act is made by the end of the review period—the end of the review period; or

(iii) if an application for review under this Act is made by the end of the review period—the review has ended (whether because of an informal resolution or because of a decision of the entity conducting the review).

(4) The agency or Minister must give the applicant written notice when access is no longer deferred under subsection (3)(d).

(5) In this section—

representative, in relation to a deceased person, means the deceased person's eligible family member, or, if 2 or more persons qualify as the deceased person’s eligible family member, 1 of those persons.

review period means the period within which any application for review under this Act may be made.