FREEDOM OF INFORMATION ACT 1982 - SECT 27A
Consultation--documents affecting personal privacy
Scope
(1) This section applies if:
(a) a
request is made to a
n agency or
Minister for access to a
document containing
personal information about a person (including a person who has died); and
(b) it appea
rs to the agency o
r Minister that the person or the person's legal personal
representative (the
person concerned ) might reasonably wish to make a contention
(the
exemption contention ) that:
(i)
the document is conditionally exempt under section 47F; and
(ii) access t
o the document would, on balance, be contrary to the public interest for
the purposes of subsection 11A(5).
Note: Access must generally be give
n to a conditionally exempt document unless it
would be contrary to the public interest (see section 11A).
(2) In determining, for the purposes of paragraph (1)(b), whether the person
concerned might reasonably wish to make an exemption contention because of
personal information in a
document, the agency or
Minister must have regard to the
following matters:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with in the information;
(c) the availability of the information from publicly accessible sources;
(d) any other matters that
the agency o
r Minister considers relevant.
Opportunity to make submissions
(3) The
agency o
r Minister must not decide to give
the applicant access to the
document unless:
(a) the person concerned is given a reasonable opportunity to make submissions in
support of the exemption contention; and
(b)
the agency or
the Minister has regard to any submissions so made.
(4) However, subsection (3) only applies if it is reasonably practicable for the
agency
or
Minister to give the person concerned a reasonable opportunity to make
submissions in support of the exemption contention, having regard to all the
circumstances (including the application of subsections 15(5) and (6) (time limits for
processing
requests)).
Decision to give access
(5) If the
agency or
Minister decides to give access to the
document, the agency or
Minister must give written notice of the decision to both of the following:
(a) the person concerned;
(b)
the applicant.
Access not to be given until review or appeal opportunities have
run out
(6) However, the
agency or
Minister must not give
the applicant access to the
document unless, after all the opportunities of the person concerned for review or
appeal in relation to the decision to give access t
o the document have
run out, the
decision to give access still stands, or is confirmed.
Note 1: The decision to give access t
o the document is subject t
o internal review (see
Part VI), review by
the Information Commissioner (see Part VII) and review by the
Tribunal (see Part VIIA).
Note 2: For when all opportunities for review or appeal in relation to the decision to
give access t
o the document have
run out , see subsection 4(1).
Notice and stay of decision not to apply unless submission made in support of
exemption contention
(7) Subsections (5) and (6) do not apply unless the person concerned makes a
submission in support of the exemption contention as allowed under paragraph (3)(a).
Edited copies a
nd personal information
(8) This section applies:
(a) in relati
on to an edited copy of a
document--in the same way as it applies to the
document; and
(b) in relation to a
document containing
personal information--to the extent to which
the document contains such information.
FREEDOM OF INFORMATION ACT 1982 - SECT 47F
Public interest conditional exemptions--personal privacy
General rule
(1)
A document is conditionally exempt if its disclosure under this Act would involve
the unreasonable disclosure
of personal information about any person (including a
deceased person).
(2) In determining whether the disclosure of the
document would involve the
unreasonable disclosure of
personal information, an agency or
Minister must have
regard to the following matters:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be (or to have
been) associated with the matters dealt with i
n the document;
(c) the availability of the information from publicly accessible sources;
(d) any other matters that
the agency o
r Minister considers relevant.
(3) Subject to subsection (5), subsection (1) does not have effect in relation to a
request by a person for access to a
document by reason only of the inclusion in the
document of matter relating to that person.
Access g
iven to qualified person instead
(4) Subsection (5) applies if:
(a) a
request is made to a
n agency or
Minister for access to a
document of the
agency,
or an officia
l document of the
Minister, that contains information concerning the
applicant, being information that was provided by a
qualified person acting in his or
her capacity as a
qualified person; and
(b) it appea
rs to the principal officer of the
agency or to the
Minister (as the case may
be) that the disclosure of the information t
o the applicant might be detrimental to the
applicant's physical or mental health, or well-being.
(5) The
principal officer or
Minister may, if access to the
document would otherwise
be given to the
applicant, direct that access t
o the document, so far as it contains that
information, is not to be g
iven to the applicant but is to be given instead to a
qualified
person who:
(a) carries on the same occupation, of a kind mentioned in the definition of
qualified
person in subsection (7), as the first-
mentioned qualified person; and
(b) is to be nominated by
the applicant.
(6) The powers and functions of the
principal officer of a
n agency under this section
may be exercised by a
n officer of the
agency acting within his or her scope of
authority in accordance with arrangements referred to i
n section 23.
(7) In this section:
"qualified person" means a person who carries on, and is entitled to carry on, an
occupation that involves the provision of care for the physical or mental health of
people or for their well-being, and, without limiting the generality of the foregoing,
includes any of the following:
(a) a medical practitioner;
(b) a psychiatrist;
(c) a psychologist;
(d) a counsellor;
(e) a social worker.
Note: Access must generally be give
n to a conditionally exempt document unless it
would be contrary to the public interest (see
section 11A).
