Application of section 87 RTI Act

Which party has the onus at external review?

Under section 44(1) of the RTI Act, an agency must give access to information unless giving access would, on balance, be contrary to the public interest. This means that, in an external review, the onus will be on the party which is maintaining that access should be refused.

If an agency has refused access and the applicant applies for an external review, the agency has the onus of establishing that disclosure of the relevant information would, on balance, be contrary to the public interest.¹

If the agency decides to disclose information contrary to the views of a relevant third party and the third party applies for external review, the third party would have the onus of establishing that disclosure of the relevant information would, on balance, be contrary to the public interest.