Overview of section 105 RTI Act
In addition to any other powers, in the conduct of an external review, the Information Commissioner has the power to:
- review any decision made by an agency or Minister in relation to the access application concerned; and
- decide any matter in relation to the access application that could have been decided by an agency or Minister under the Act.
The Information Commissioner does not have power to direct access to a document or part of a document that is exempt or contrary to the public interest. Any decision of the Information Commissioner under this section has the same effect as a decision of the agency or Minister.
This section replicates section 88 of the repealed FOI Act with no substantial changes.
Other relevant RTI/IP Act sections
Section 47 RTI Act
Grounds on which access may be refused
Section 98 RTI Act
Power to make preliminary inquiries
Section 99 RTI Act
Section 100 RTI Act
Access to documents
Section 101 RTI Act
Access in a particular form
Section 102 RTI Act
Requiring a search
Section 103 RTI Act
Requiring information, documents and attendance
Section 104 RTI Act
Last updated: May 20, 2013