sec.24Making access application

### sec.24 Making access application A person who wishes to be given access to a document of an agency or a document of a Minister under this Act may apply to the agency or Minister for access to the document. Minister is defined to include an Assistant Minister—see schedule 5 . Section 25 provides for access applications by parents for children and section 190 clarifies the powers of those acting for others. For an application made for a person, the person (and not the agent) is the applicant—see schedule 5 , definition applicant . This may be particularly relevant for section 66 (Applicant under financial hardship). The application must— be in writing and be accompanied by the application fee; and give sufficient information concerning the document to enable the agency or Minister to identify the document; and state an address to which notices under this Act may be sent to the applicant; and for an application for access to a document containing personal information of the applicant, be accompanied by— evidence of identity for the applicant; and if an agent is acting for the applicant—evidence of the agent’s authorisation. the will or court order appointing the agent to act as the applicant’s guardian the client agreement authorising a legal practitioner to act for an applicant if the application is made in reliance on section 25 , evidence the agent is the child’s parent The application may, but need not be, in the approved form. The application fee mentioned in subsection (2) (a) may not be waived. However, no application fee is payable for an application for access to a document if the only document applied for contains personal information of the applicant. If an applicant pays an application fee for an application but no application fee is payable for the application under subsection (5) , the application fee must be refunded as soon as practicable. See also section 46 (1) in relation to the refund of an application fee if a deemed decision is made. s 24 amd 2012 No. 6 s 27 sch amdts 2(1)(g), (2); 2012 No. 45 s 4 ; 2017 No. 17 s 258 sch 1 ; 2023 No. 32 s 90 (sec.24-ssec.1) A person who wishes to be given access to a document of an agency or a document of a Minister under this Act may apply to the agency or Minister for access to the document. Minister is defined to include an Assistant Minister—see schedule 5 . Section 25 provides for access applications by parents for children and section 190 clarifies the powers of those acting for others. For an application made for a person, the person (and not the agent) is the applicant—see schedule 5 , definition applicant . This may be particularly relevant for section 66 (Applicant under financial hardship). (sec.24-ssec.2) The application must— be in writing and be accompanied by the application fee; and give sufficient information concerning the document to enable the agency or Minister to identify the document; and state an address to which notices under this Act may be sent to the applicant; and for an application for access to a document containing personal information of the applicant, be accompanied by— evidence of identity for the applicant; and if an agent is acting for the applicant—evidence of the agent’s authorisation. the will or court order appointing the agent to act as the applicant’s guardian the client agreement authorising a legal practitioner to act for an applicant if the application is made in reliance on section 25 , evidence the agent is the child’s parent (sec.24-ssec.3) The application may, but need not be, in the approved form. (sec.24-ssec.4) The application fee mentioned in subsection (2) (a) may not be waived. (sec.24-ssec.5) However, no application fee is payable for an application for access to a document if the only document applied for contains personal information of the applicant. (sec.24-ssec.6) If an applicant pays an application fee for an application but no application fee is payable for the application under subsection (5) , the application fee must be refunded as soon as practicable. See also section 46 (1) in relation to the refund of an application fee if a deemed decision is made. - 1 Minister is defined to include an Assistant Minister—see schedule 5 . - 2 Section 25 provides for access applications by parents for children and section 190 clarifies the powers of those acting for others. - 3 For an application made for a person, the person (and not the agent) is the applicant—see schedule 5 , definition applicant . This may be particularly relevant for section 66 (Applicant under financial hardship). - (a) be in writing and be accompanied by the application fee; and - (b) give sufficient information concerning the document to enable the agency or Minister to identify the document; and - (c) state an address to which notices under this Act may be sent to the applicant; and - (d) for an application for access to a document containing personal information of the applicant, be accompanied by— (i) evidence of identity for the applicant; and (ii) if an agent is acting for the applicant—evidence of the agent’s authorisation. Examples of an agent’s authorisation— • the will or court order appointing the agent to act as the applicant’s guardian • the client agreement authorising a legal practitioner to act for an applicant • if the application is made in reliance on section 25 , evidence the agent is the child’s parent - (i) evidence of identity for the applicant; and - (ii) if an agent is acting for the applicant—evidence of the agent’s authorisation. Examples of an agent’s authorisation— • the will or court order appointing the agent to act as the applicant’s guardian • the client agreement authorising a legal practitioner to act for an applicant • if the application is made in reliance on section 25 , evidence the agent is the child’s parent - • the will or court order appointing the agent to act as the applicant’s guardian - • the client agreement authorising a legal practitioner to act for an applicant - • if the application is made in reliance on section 25 , evidence the agent is the child’s parent - (i) evidence of identity for the applicant; and - (ii) if an agent is acting for the applicant—evidence of the agent’s authorisation. Examples of an agent’s authorisation— • the will or court order appointing the agent to act as the applicant’s guardian • the client agreement authorising a legal practitioner to act for an applicant • if the application is made in reliance on section 25 , evidence the agent is the child’s parent - • the will or court order appointing the agent to act as the applicant’s guardian - • the client agreement authorising a legal practitioner to act for an applicant - • if the application is made in reliance on section 25 , evidence the agent is the child’s parent - • the will or court order appointing the agent to act as the applicant’s guardian - • the client agreement authorising a legal practitioner to act for an applicant - • if the application is made in reliance on section 25 , evidence the agent is the child’s parent