NTIn ForceAct
Information Act 2002
30Information about third parties
Start here
Get a plain-English read of 30
Turn the raw legal text into a practical explanation grounded in Information Act 2002.
30 Information about third parties
(1) For this section, information is about a third party if disclosure of the
information might:
(a) prejudice inter-governmental relations between an Australian
body politic and a body politic overseas or between 2 or more
bodies politic in Australia or in the Territory; or
(b) be an interference with a person's privacy; or
(c) disclose information about an Aboriginal sacred site or
Aboriginal tradition; or
(d) disclose information obtained by a public sector organisation
from a business, commercial or financial undertaking that is:
(i) a trade secret; or
(ii) other information of a business, commercial or financial
nature and the disclosure is likely to expose the
undertaking unreasonably to disadvantage.
(2) The public sector organisation must not decide to provide access to
information about a third party unless the organisation has sought
the views of the third party, the third party being:
(a) if the disclosure would prejudice inter-governmental relations
between 2 or more bodies politic – each of those bodies
politic; or
(b) if the disclosure would be an interference with a person's
privacy:
(i) the person whose privacy would be interfered with; or
Information Act 2002 25
(ii) if that person is a child, has a disability or is deceased –
a person who under section 155 may make a complaint
on that person's behalf; or
(c) if information about an Aboriginal sacred site would be
disclosed – the Aboriginal custodians of the site; or
(d) if information about Aboriginal tradition would be disclosed –
the community or group to whom the tradition belongs; or
(e) if information obtained from a business, commercial or
financial undertaking would be disclosed – that undertaking.
(3) The public sector organisation may decide to provide access to the
information even though:
(a) the third party's views were unable to be obtained after all
reasonable attempts were made to do so; or
(b) the third party did not respond to a request for his or her views
within 30 days after receiving the request; or
(c) the third party expressed the view that the organisation should
not provide access to the information.
(4) The public sector organisation must notify the third party in writing
of its decision about the application.
(5) The notices of decision under subsection (4) and section 20 are to
include a statement to the effect that access will be provided:
(a) 30 days after the third party receives the notice of decision; or
(b) if within that 30-day period the third party makes a complaint
to the Commissioner about the decision – subject to the
Commissioner's determination of the complaint, after that
determination is made.
(6) If the third party is aggrieved by the decision of the public sector
organisation to provide access to the information, the third party
may make a complaint to the Commissioner about the decision
within the 30-day period mentioned in subsection (5) and Parts 7
and 7A apply (with the necessary changes) as if the third party had
made a complaint under section 103 and the organisation and the
applicant were the respondents.
(7) If the public sector organisation refuses to provide access to the
information, for a complaint made by the applicant under
section 103 in connection with that refusal, Parts 7 and 7A apply
(with the necessary changes) as if the organisation and the third
Subdivision 1 How is an application made and how is it processed?
Information Act 2002 26
party were the respondents.
(8) All notices that the Commissioner is required to give to the
complainant under Part 7 as applied by subsection (6) or (7) must
also be given to the respondents.