Overview of sections 47(3)(c) and 50 RTI Act

Section summary

If an access application is made by or for a child, access may be refused to information comprising the child's personal information, if its disclosure would not be in the child's best interest.

Background

This section replicates section 50A(3) of the repealed FOI Act with no substantive changes.

Other relevant RTI/IP Act sections

Section 45 IP Act
An access or amendment application under the IP Act may be made for the child by the child's parents. Section 45(2) defines 'child' and 'parent' for the purposes of this section.

Section 25 RTI Act
An access application under the RTI Act may be made for a child by the child's parent. Section 25(2) defines 'child' and 'parent' for the purposes of this section.

Schedule 3, section 12(2) RTI Act
Personal information for the applicant is not exempt information; even if it is prohibited under one of the Acts listed in schedule 3, section 12(1) of the RTI Act.

Schedule 4, part 2, item 8 RTI Act
This item recognises the public interest in disclosure of personal information of a child where the child's parent is acting as agent for the child and disclosure is reasonably considered to be in the child's best interests.

Section 12 IP Act
Section 12 of the IP Act defines 'personal information' for the purposes of the IP and RTI Acts.

Last updated: March 16, 2012