26AA Consultation—documents affecting Norfolk Island intergovernmental relations
Scope
(1) This section applies if:
(a) either:
(i) arrangements have been entered into between Norfolk Island and the Commonwealth about consultation under this section; or
(ii) arrangements have been entered into between Norfolk Island and a State about consultation under this section; and
(b) if subparagraph (a)(i) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:
(i) originated with, or was received from, the Commonwealth or an authority of the Commonwealth; or
(ii) contains information (Commonwealth‑originated information) that originated with, or was received from, the Commonwealth or an authority of the Commonwealth; and
(c) if subparagraph (a)(ii) applies—a request is made to a Norfolk Island authority or Norfolk Island Minister for access to a document that:
(i) originated with, or was received from, the State or an authority of the State; or
(ii) contains information (State‑originated information) that originated with, or was received from, the State or an authority of the State; and
(d) if subparagraph (a)(i) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the Commonwealth may reasonably wish to contend that:
(i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and
(ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5); and
(e) if subparagraph (a)(ii) applies—it appears to the Norfolk Island authority or Norfolk Island Minister that the State may reasonably wish to contend that:
(i) the document is conditionally exempt under section 47B (Commonwealth‑State relations etc.); and
(ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).
Consultation required
(2) The Norfolk Island authority or Norfolk Island Minister must not decide to give the applicant access to the document unless consultation has taken place between:
(a) if subparagraph (1)(a)(i) applies—Norfolk Island and the Commonwealth in accordance with the arrangements mentioned in that subparagraph; or
(b) if subparagraph (1)(a)(ii) applies—Norfolk Island and the State in accordance with the arrangements mentioned in that subparagraph.
Decision to give access
(3) If, after such consultation has taken place, the Norfolk Island authority or Norfolk Island Minister decides to give the applicant access to the document, the Norfolk Island authority or Norfolk Island Minister must give written notice of the decision to:
(a) if subparagraph (1)(a)(i) applies—the Commonwealth; and
(b) if subparagraph (1)(a)(ii) applies—the State; and
(c) in any case—the applicant.
Access not to be given until review or appeal opportunities have run out
(4) However, the Norfolk Island authority or Norfolk Island Minister must not give the applicant access to the document unless, after all the opportunities of:
(a) if subparagraph (1)(a)(i) applies—the Commonwealth; or
(b) if subparagraph (1)(a)(ii) applies—the State;
for review or appeal in relation to the decision to give access to the document have run out, the decision still stands, or is confirmed.
Note 1: The decision to give access to the document is subject to 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 to the document have run out, see subsection 4(1).
Edited copies, Commonwealth‑originated information and State‑originated information
(5) This section applies:
(a) in relation 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 Commonwealth‑originated information—to the extent to which the document contains such information; and
(c) in relation to a document containing State‑originated information—to the extent to which the document contains such information.
193 At the end of section 38
Add:
(4) In this section:
enactment includes a Norfolk Island enactment.
194 Subsection 45(1)
Omit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.
195 Subsection 45(2)
After “prescribed authority”, insert “or Norfolk Island authority”.
196 Paragraph 45(2)(b)
Omit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.
197 Subsection 47(3)
After “the Commonwealth”, insert “, Norfolk Island”.
198 Subsection 47A(1) (at the end of the definition of electoral roll)
Add:
; or (c) an electoral roll prepared under the Legislative Assembly Act 1979 of Norfolk Island; or
(d) any part of an electoral roll referred to in paragraph (c).
199 At the end of section 47B (before the note)
Add:
; or (c) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island; or
(d) would divulge information or matter communicated in confidence by or on behalf of the Government of Norfolk Island or an authority of Norfolk Island, to the Government of the Commonwealth, to an authority of the Commonwealth or to a person receiving the communication on behalf of the Commonwealth or an authority of the Commonwealth; or
(e) would, or could reasonably be expected to, cause damage to relations between Norfolk Island and a State; or
(f) would divulge information or matter communicated in confidence by or on behalf of the Government of a State or an authority of a State, to the Government of Norfolk Island, to an authority of Norfolk Island or to a person receiving the communication on behalf of Norfolk Island or of an authority of Norfolk Island.
Note: The heading to section 47B is altered by adding at the end “etc.”.
200 Subsection 47C(1)
Omit all the words after “involved in”, substitute:
the functions of:
(a) an agency; or
(b) a Minister; or
(c) the Government of the Commonwealth; or
(d) the Government of Norfolk Island.
201 Section 47D
After “the Commonwealth”, insert “, of Norfolk Island”.
Note: The heading to section 47D is altered by adding at the end “or Norfolk Island”.
202 Paragraph 47E(c)
After “the Commonwealth”, insert “, by Norfolk Island”.
203 Paragraph 47G(1)(b)
After “to the Commonwealth”, insert “, Norfolk Island”.
204 Subsection 47G(4)
After “the Commonwealth”, insert “, Norfolk Island”.
205 After subsection 47J(2)
Insert:
(2A) For the purposes of paragraph (2)(b), Norfolk Island is taken to be a region of Australia.
206 Paragraph 47J(3)(g)
After “by the Commonwealth,”, insert “Norfolk Island,”.
207 Paragraph 47J(3)(g)
After “of the Commonwealth”, insert “, of Norfolk Island”.
208 Section 53B
Before “An access grant decision”, insert “(1)”.
209 Section 53B (note)
Omit “item 1”, substitute “items 1 and 1A”.
210 Section 53B (table item 1)
After “relations” (wherever occurring), insert “etc.”.
211 Section 53B (after table item 1)
Insert:
1A
consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required
a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:(a) the document is not conditionally exempt under section 47B (Commonwealth‑State relations etc.); or(b) access to the document would not, on balance, be contrary to the public interest for the purposes of subsection 11A(5).
212 At the end of section 53B
Add:
(2) For the purposes of table item 1, State has the same meaning as in section 26A.
213 Section 53C
Before “The following table”, insert “(1)”.
214 Section 53C (after table item 1)
Insert:
1A
consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required
the Commonwealth or the State, as the case may be.
215 At the end of section 53C
Add:
(2) For the purposes of table item 1, State has the same meaning as in section 26A.
216 Paragraph 54P(1)(a)
After “26A,”, insert “26AA,”.
217 Paragraph 54S(2)(b)
After “26A,”, insert “26AA,”.
218 Subsection 54Y(2) (note)
Before “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.
219 Subsection 55G(1) (note)
Before “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.
220 At the end of section 55M
Add:
(3) In this section:
enactment includes a Norfolk Island enactment.
221 At the end of section 58AA
Add:
(3) In this section:
enactment includes a Norfolk Island enactment.
222 Subsection 60AA(1)
After “26A,”, insert “26AA,”.
223 Subsection 61(2)
After “26A,”, insert “26AA,”.
224 At the end of subsection 66(1)
Add “or Norfolk Island”.
225 Subsection 74(1)
Omit “dealt with by the Ombudsman under the Ombudsman Act 1976.”, substitute:
dealt with:
(a) by the Ombudsman under the Ombudsman Act 1976; or
(b) by the Ombudsman under a particular Norfolk Island enactment.
226 Subsection 74(5)
Omit “A complaint”, substitute “If paragraph (1)(a) applies, a complaint”.
227 At the end of section 74 (before the note)
Add:
(6) If paragraph (1)(b) applies, a complaint transferred under subsection (3) is taken to be a complaint made to the Ombudsman under the Norfolk Island enactment concerned.
228 At the end of section 89D
Add:
(4) In this section:
enactment includes a Norfolk Island enactment.
229 At the end of section 89J
Add:
(3) In this section:
enactment includes a Norfolk Island enactment.
230 Subsection 90(1)
After “the Commonwealth,”, insert “Norfolk Island,”.
231 Subsection 91(1A)
After “26A,”, insert “26AA,”.
232 Subsection 91(1B)
After “the Commonwealth,”, insert “Norfolk Island,”.
233 Subsection 91(1B)
After “26A,”, insert “26AA,”.
234 After paragraph 91(1C)(a)
Insert:
(aa) consultation with the Commonwealth or a State under subsection 26AA(2);
235 After paragraph 91(1C)(d)
After “the Commonwealth,”, insert “Norfolk Island,”.
236 After paragraph 91(2A)(a)
Insert:
(aa) consultation with the Commonwealth or a State under subsection 26AA(2);
237 At the end of section 91
Add:
(4) For the purposes of paragraphs (1C)(a) and (2A)(a), State has the same meaning as in section 26A.
238 After paragraph 92(2)(a)
Insert:
(aa) consultation with the Commonwealth or a State under subsection 26AA(2);
239 At the end of section 92
Add:
(3) For the purposes of paragraph (2)(a), State has the same meaning as in section 26A.