Overview of section 105 RTI Act

Section summary

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.

Background

This section replicates section 88 of the repealed FOI Act with no substantial changes.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

Better reasons

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

Examining witnesses

Last updated: May 20, 2013