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31 Application of sections 47(3)(e) and 52(1) RTI Act

Annotations

Application of sections 47(3)(e) and 52(1) RTI Act. For this section to apply, the agency must be satisfied that the document either does not exist or is unlocatable. Establishing these will generally involve undertaking all reasonable steps, and/or

32 Application of Schedule 3, section 10(3) RTI Act

Annotations

Application of Schedule 3, section 10(3) RTI Act. A person generally has the right to refuse to answer a question or produce a document if doing so would tend to incriminate them. However, an Act can override this right and compel them to answer the

33 Overview of section 87 RTI Act

Annotations

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

34 Application of Schedule 3, section 10(1)(f) RTI Act

Annotations

Application of Schedule 3, section 10(1)(f) 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 there a lawful

35 Application of Schedule 3, section 10(1)(i) RTI Act

Annotations

Application of Schedule 3, section 10(1)(i) 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 there an

36 Application of Schedule 3, section 10(4) RTI Act

Annotations

Application of Schedule 3, section 10(4) RTI Act. When applying this exempt information provision, the following will be relevant:. Does the exception in schedule 3, section 10(6) apply to the information, ie:. Is the information ‘about the

37 Relevance to the RTI Act

Annotations

Relevance to the RTI Act. Section 88 of the RTI Act deals with applications for external review. Importantly, the requirement under section 73(3) of the FOI Act that persons apply first for internal review (unless the initial decision was made by a

38 Application of section 17 RTI Act

Annotations

Application of section 17 RTI Act. Certain entities are excluded from the RTI Act and certain agencies are excluded from the Act for particular functions. These are set out in schedule 2, parts 1 and 2 of the RTI Act. Refer to What is an Agency? and

39 Key published decisions applying Schedule 3, section 8(1) RTI Act

Annotations

Key published decisions applying Schedule 3, section 8(1) RTI Act. Last updated: February 19, 2021. Related Links. Guidelines for government: Exempt information - Breach of confidence. Loading…. Disclaimer. Please make sure you have read our

40 Application of section 14 RTI Act

Annotations

Application of section 14 RTI Act. An agency for the purposes of the RTI Act is:. a department. a local government. a public authority. a government owned corporation (GOC); or. a subsidiary of a GOC. Refer to What is an agency? for guidance on

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