sec.105AReferral of particular documents relating to external review to agency or Minister

### sec.105A Referral of particular documents relating to external review to agency or Minister This section applies if— an application is made to the information commissioner for external review of a decision relating to an access application; and the commissioner becomes aware of the existence of a document that the commissioner believes may not have been considered by the agency or Minister in making the decision the subject of the external review; and a search required under section 102 has located the document the document is referred to in another document produced to the commissioner the agency advises the commissioner that the agency holds additional documents the commissioner considers— referral of the document to the agency or Minister under this section would be a more efficient and effective way for a decision to be made about whether access is to be given to the document than the commissioner making the decision; and it is reasonably likely that the agency or Minister would be able to make a decision about whether access is to be given to the document that is consistent with the primary object of this Act. The commissioner may, after consulting with the agency or Minister about the matters in subsection (1) (c) , refer the document to the agency or Minister for a decision about whether access is to be given to the document. On the referral of the document under subsection (2) — a new access application is taken to have been made by the access applicant under section 24 in relation to the document; and the external review continues as if the review did not apply in relation to the document. For subsection (3) (a) — the new access application is taken to have been made on the day the information commissioner refers the document to the agency or Minister under subsection (2) ; and despite section 24 (2) (a) , no application fee is payable in relation to the new access application; and despite section 24 (2) (d) (i) , the new access application need not be accompanied by evidence of identity for the access applicant; and despite section 24 (2) (d) (ii) , if an agent is acting for the access applicant and the agent is the same agent who acted on the original access application, the new access application need not be accompanied by evidence of the agent’s authorisation; and despite chapter 3 , part 6 , no processing charge or access charge is payable in relation to the new access application. In this section— access applicant means the applicant for the access application mentioned in subsection (1) (a) . s 105A ins 2023 No. 32 s 119 (sec.105A-ssec.1) This section applies if— an application is made to the information commissioner for external review of a decision relating to an access application; and the commissioner becomes aware of the existence of a document that the commissioner believes may not have been considered by the agency or Minister in making the decision the subject of the external review; and a search required under section 102 has located the document the document is referred to in another document produced to the commissioner the agency advises the commissioner that the agency holds additional documents the commissioner considers— referral of the document to the agency or Minister under this section would be a more efficient and effective way for a decision to be made about whether access is to be given to the document than the commissioner making the decision; and it is reasonably likely that the agency or Minister would be able to make a decision about whether access is to be given to the document that is consistent with the primary object of this Act. (sec.105A-ssec.2) The commissioner may, after consulting with the agency or Minister about the matters in subsection (1) (c) , refer the document to the agency or Minister for a decision about whether access is to be given to the document. (sec.105A-ssec.3) On the referral of the document under subsection (2) — a new access application is taken to have been made by the access applicant under section 24 in relation to the document; and the external review continues as if the review did not apply in relation to the document. (sec.105A-ssec.4) For subsection (3) (a) — the new access application is taken to have been made on the day the information commissioner refers the document to the agency or Minister under subsection (2) ; and despite section 24 (2) (a) , no application fee is payable in relation to the new access application; and despite section 24 (2) (d) (i) , the new access application need not be accompanied by evidence of identity for the access applicant; and despite section 24 (2) (d) (ii) , if an agent is acting for the access applicant and the agent is the same agent who acted on the original access application, the new access application need not be accompanied by evidence of the agent’s authorisation; and despite chapter 3 , part 6 , no processing charge or access charge is payable in relation to the new access application. (sec.105A-ssec.5) In this section— access applicant means the applicant for the access application mentioned in subsection (1) (a) . - (a) an application is made to the information commissioner for external review of a decision relating to an access application; and - (b) the commissioner becomes aware of the existence of a document that the commissioner believes may not have been considered by the agency or Minister in making the decision the subject of the external review; and Examples of ways the commissioner may become aware of the existence of a document— • a search required under section 102 has located the document • the document is referred to in another document produced to the commissioner • the agency advises the commissioner that the agency holds additional documents - • a search required under section 102 has located the document - • the document is referred to in another document produced to the commissioner - • the agency advises the commissioner that the agency holds additional documents - (c) the commissioner considers— (i) referral of the document to the agency or Minister under this section would be a more efficient and effective way for a decision to be made about whether access is to be given to the document than the commissioner making the decision; and (ii) it is reasonably likely that the agency or Minister would be able to make a decision about whether access is to be given to the document that is consistent with the primary object of this Act. - (i) referral of the document to the agency or Minister under this section would be a more efficient and effective way for a decision to be made about whether access is to be given to the document than the commissioner making the decision; and - (ii) it is reasonably likely that the agency or Minister would be able to make a decision about whether access is to be given to the document that is consistent with the primary object of this Act. - • a search required under section 102 has located the document - • the document is referred to in another document produced to the commissioner - • the agency advises the commissioner that the agency holds additional documents - (i) referral of the document to the agency or Minister under this section would be a more efficient and effective way for a decision to be made about whether access is to be given to the document than the commissioner making the decision; and - (ii) it is reasonably likely that the agency or Minister would be able to make a decision about whether access is to be given to the document that is consistent with the primary object of this Act. - (a) a new access application is taken to have been made by the access applicant under section 24 in relation to the document; and - (b) the external review continues as if the review did not apply in relation to the document. - (a) the new access application is taken to have been made on the day the information commissioner refers the document to the agency or Minister under subsection (2) ; and - (b) despite section 24 (2) (a) , no application fee is payable in relation to the new access application; and - (c) despite section 24 (2) (d) (i) , the new access application need not be accompanied by evidence of identity for the access applicant; and - (d) despite section 24 (2) (d) (ii) , if an agent is acting for the access applicant and the agent is the same agent who acted on the original access application, the new access application need not be accompanied by evidence of the agent’s authorisation; and - (e) despite chapter 3 , part 6 , no processing charge or access charge is payable in relation to the new access application.