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71 Overview of section 94(1)(a) RTI Act
Overview of section 94(1)(a) RTI Act. Section summary. The Information Commissioner may refuse to deal with an external review application if all or part of the application is 'frivolous, vexatious, misconceived or lacking in substance'. Background.
72 Application of Schedule 3, section 8(1) RTI Act
Application of Schedule 3, section 8(1) RTI Act. Information can be exempt if its disclosure would found an action for a breach of equitable confidence or contractual confidence. Identifying which applies to the information is necessary before the
73 Relevant decisions from other jurisdictions
Relevant decisions from other jurisdictions. Rogers v Chief Commissioner of Police (General) (2009) VCAT 2526. This decision considered section 31(1)(e) of the Freedom of Information Act 1982 (Vic) which provides:. 31 Law enforcement documents. (1)
74 Application of section 13 RTI Act
Application of section 13 RTI Act. To be a document of a Minister, a document must:. relate to the affairs of an agency and be in the Minister’s physical possession or legal control or be one the Minister is entitled to access; and. must not be a
75 Overview of Section 27(3) and (4) FOI Act
Overview of Section 27(3) and (4) FOI Act. Section summary. An agency or Minister may give access to a copy of a document with irrelevant matter deleted, provided the agency or Minister considers that the applicant would accept a copy of the
76 Overview of Section 41 FOI Act
Overview of Section 41 FOI Act. Section summary. Matter is exempt if its disclosure:. would, on balance be contrary to the public interest; and. would disclose an opinion, advice or recommendation that has been obtained, prepared or recorded in the
77 Overview of Section 46 FOI Act
Overview of Section 46 FOI Act. Section summary. Matter will be exempt if its disclosure would found an action for breach of confidence. This exemption is subject to section 46(2) of the FOI Act. Background. Section 46(2) of the FOI Act was amended
78 Relevance to the RTI Act
Relevance to the RTI Act. Section 68 of the RTI Act deals with forms of access to information under that the RTI Act. Section 68(4)(c) of the RTI Act replicates section 30(3)(c) of the repealed FOI Act with no substantive changes. Relevantly,
79 Application of section 52(2) RTI Act
Application of section 52(2) RTI Act. Before access can be refused to a prescribed document that does not exist, it will be necessary to search a backup system if the agency or Minister considers that the document has been:. kept in the backup system
80 Application of schedule 3, section 10(1)(d) RTI Act
Application of schedule 3, section 10(1)(d) RTI Act. When applying this exempt information provision, the following will be relevant:. Does the information consist of the type of information listed in schedule 3, section 10(2)? Is it reasonable to
