Overview of section 43 RTI Act

Section summary

This provision applies where an applicant makes an access application under the RTI Act (first application) and subsequently makes another application under the RTI Act (later application) to the same agency or same Minister for one or more of the same documents and does not disclose any reasonable basis for again seeking the documents.

The first application can also be an access application made under the former IP Act, as provided for in section 206M of the RTI Act.

An agency or Minister may refuse to deal with the later application to the extent that it seeks access to the same documents sought under the first application if:

• the agency or Minister has not decided the first application at the time the later application is made;
• the applicant has been given notice that access is to be given to the document sought or some or all of the documents sought;
• the agency or Minister decided that the application was for a document to which the RTI Act does not apply;
• the agency or Minister refused access to the document or documents sought;
• the agency or Minister refused to deal with the first application under section 43 of the RTI Act;
• the agency or Minister’s decision on the first application is under review and the review is not complete; or
• the agency or Minister’s decision on the first application has been the subject of a completed review (other than internal review).

However, if the document sought under the later application is merely a record of the first application having been made, access to a record document is taken to have been sought under the first application.

The first application does not include an access application taken to have been withdrawn under the RTI Act. If an access application has been narrowed under the RTI Act, the first application means only the access application as changed.

Other relevant RTI Act sections

Sections 36(3) and 42(4) RTI Act

An access application may be taken to be withdrawn under sections 36(3) and 42(4) of the RTI Act.  When an application is withdrawn under one of these provisions, a later application for the same information cannot be refused under section 43 of the RTI Act.

Section 206M RTI Act

A transitional provision that provides that a first application under section 43 of the RTI Act includes an access application under the former IP Act and that a reference in section 43 to a provision of the RTI Act or to a review is taken to include a reference to the corresponding former IP Act provision or former IP Act review.

Application of section 43 RTI Act

If an applicant applies for documents they have previously applied for, without a reasonable basis for doing so, an agency can refuse to deal with all or part of the later application. This does not apply if the earlier application was withdrawn by the applicant, deemed withdrawn by the Act, or the scope of the earlier application was narrowed by the applicant to remove the documents currently being applied for.

Refer to Refusal to deal - Previous application for same documents for guidance on applying this section.