Overview of section 87 RTI Act

Section summary

On external review, the respondent Minister or agency must establish that the decision under review was justified, or that the Information Commissioner should make a decision adverse to the access applicant. However, if the decision being reviewed is a 'disclosure decision', the person who opposes disclosure of the relevant information must establish that a decision against disclosure or a decision adverse to the access applicant is justified.

Background

This section replicates section 81 of the repealed FOI Act with no substantive changes.

Other relevant RTI/IP Act sections

Section 37 RTI Act
If an agency or Minister intends to grant access to information, the disclosure of which may be of concern to a relevant third party, the agency or Minister must take steps to consul with the third party.

Last updated: March 1, 2012