sec.110ADirection to decide whether access to be given

### sec.110A Direction to decide whether access to be given This section applies in relation to an external review of a relevant decision made by an agency or Minister in relation to an access application (the original access application ) if— the information commissioner would, other than for this section, have decided to set aside the relevant decision and make a decision in substitution for the relevant decision under section 110 (1) (c) ; and the commissioner believes it would be more efficient and effective for the agency or Minister to consider whether access is to be given to the subject documents than for the commissioner to make a decision in substitution for the relevant decision under section 110 (1) (c) ; and the commissioner believes that if the agency or Minister were to consider whether access is to be given to the subject documents, it is reasonably likely the agency or Minister would be able to make a decision that is consistent with the primary object of this Act. The commissioner may, after consulting with the agency or Minister about the matters mentioned in subsection (1) , set aside the relevant decision and give a notice to the agency or Minister— stating that the relevant decision is set aside; and directing the agency or Minister to decide whether access is to be given to the subject documents as if the ground for making the relevant decision did not apply in relation to the documents. If an agency or Minister is given a notice under subsection (2) , a new access application is taken to have been made by the access applicant under section 24 in relation to the subject documents. For subsection (3) — the new access application is taken to have been made on the day that is 21 business days after the information commissioner gives the notice 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 for section 43 , the original access application is taken never to have been made in relation to the subject documents. In this section— access applicant means the applicant for the original access application. relevant decision , in relation to an access application, means a decision— that the application or a part of the application is outside the scope of this Act under section 32 (1) (b) ; or that the application does not comply with all relevant application requirements under section 33 (6) ; or to refuse to deal with the application under chapter 3 , part 4 ; or to refuse access to a document under section 47 (3) (f) because other access to the document is available; or to refuse access to a document containing prescribed information by giving written notice under section 55 (2) . subject documents means documents the subject of the original access application to which access is not given because of the relevant decision. s 110A ins 2023 No. 32 s 123 (sec.110A-ssec.1) This section applies in relation to an external review of a relevant decision made by an agency or Minister in relation to an access application (the original access application ) if— the information commissioner would, other than for this section, have decided to set aside the relevant decision and make a decision in substitution for the relevant decision under section 110 (1) (c) ; and the commissioner believes it would be more efficient and effective for the agency or Minister to consider whether access is to be given to the subject documents than for the commissioner to make a decision in substitution for the relevant decision under section 110 (1) (c) ; and the commissioner believes that if the agency or Minister were to consider whether access is to be given to the subject documents, it is reasonably likely the agency or Minister would be able to make a decision that is consistent with the primary object of this Act. (sec.110A-ssec.2) The commissioner may, after consulting with the agency or Minister about the matters mentioned in subsection (1) , set aside the relevant decision and give a notice to the agency or Minister— stating that the relevant decision is set aside; and directing the agency or Minister to decide whether access is to be given to the subject documents as if the ground for making the relevant decision did not apply in relation to the documents. (sec.110A-ssec.3) If an agency or Minister is given a notice under subsection (2) , a new access application is taken to have been made by the access applicant under section 24 in relation to the subject documents. (sec.110A-ssec.4) For subsection (3) — the new access application is taken to have been made on the day that is 21 business days after the information commissioner gives the notice 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 for section 43 , the original access application is taken never to have been made in relation to the subject documents. (sec.110A-ssec.5) In this section— access applicant means the applicant for the original access application. relevant decision , in relation to an access application, means a decision— that the application or a part of the application is outside the scope of this Act under section 32 (1) (b) ; or that the application does not comply with all relevant application requirements under section 33 (6) ; or to refuse to deal with the application under chapter 3 , part 4 ; or to refuse access to a document under section 47 (3) (f) because other access to the document is available; or to refuse access to a document containing prescribed information by giving written notice under section 55 (2) . subject documents means documents the subject of the original access application to which access is not given because of the relevant decision. - (a) the information commissioner would, other than for this section, have decided to set aside the relevant decision and make a decision in substitution for the relevant decision under section 110 (1) (c) ; and - (b) the commissioner believes it would be more efficient and effective for the agency or Minister to consider whether access is to be given to the subject documents than for the commissioner to make a decision in substitution for the relevant decision under section 110 (1) (c) ; and - (c) the commissioner believes that if the agency or Minister were to consider whether access is to be given to the subject documents, it is reasonably likely the agency or Minister would be able to make a decision that is consistent with the primary object of this Act. - (a) stating that the relevant decision is set aside; and - (b) directing the agency or Minister to decide whether access is to be given to the subject documents as if the ground for making the relevant decision did not apply in relation to the documents. - (a) the new access application is taken to have been made on the day that is 21 business days after the information commissioner gives the notice 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) for section 43 , the original access application is taken never to have been made in relation to the subject documents. - (a) that the application or a part of the application is outside the scope of this Act under section 32 (1) (b) ; or - (b) that the application does not comply with all relevant application requirements under section 33 (6) ; or - (c) to refuse to deal with the application under chapter 3 , part 4 ; or - (d) to refuse access to a document under section 47 (3) (f) because other access to the document is available; or - (e) to refuse access to a document containing prescribed information by giving written notice under section 55 (2) .