Freedom of Information

Clause 13 details the options of the forms by which access to information may
be given. These include inspection, copies of documents, listening, viewing, written
transcripts, in print or electronically. A request for access in a form specified by an
applicant must be granted unless it is not appropriate or is unduly onerous on the entity.
Reasonable steps must be taken to meet the form requested by a person with a disability.
Clause 14 allows the severance of requested information from information that
may not be disclosed.
Under Clause 15, an information officer is required to take certain measures set
out in that clause before giving access to any medical records of an applicant or of a
person represented by an applicant.
Under Clause 16, information must be provided in the officially recognised
language requested. If the information is not held in that language, the entity must
endeavour to cause the information to be translated into the requested language and
may recover the cost of the translation from the applicant.
Clause 17 provides for the prescribing, by the Minister, of various fees, if any,
that may be charged for requests for access to information.
Clause 18 requires responsible persons to make annual reports to the Human
Rights Commission on the numbers of requests received, granted, refused, appealed,
etc.
Clause 19 provides that entities are at liberty to publish or give access to any
information, even where the information may be exempt from publication in terms of
this Act, if it can still properly do so under the law or if required by law to do so.
Part IV of the Bill sets out various grounds upon which a request for access should
be refused or may be refused for the purpose of protecting rights and interests superior
to the right of access. Significant in this Part is that in some instances in clauses under
this Part, information must be refused whilst in other instances, information may be
refused, signalling a requirement to exercise appropriate discretion.
Thus clause 20 provides that some information may be refused if it falls under
this part.
Clause 21 forbids the unreasonable disclosure of personal information of people,
including deceased people. However, if a person is called upon to make representations
with regard to the request and neglects to do so, or if the person consents to the disclosure,
or if a person has been dead for more than ten years, or if the request is in respect of
a person who is under the care of the applicant and disclosure is in the best interests
of the person, a request may not be refused. So too will a request not be refused with
respect to the personal information of a person who was an officer of a public entity
to the extent that the information requested relates to the person’s information as an
officer of the public entity. The disclosure of personal information relating to a deceased
person may be granted with the consent of their next of kin or legal representative or
if the information is requested by an executor of the estate of the deceased person.
Under Clause 22, trade secrets, financial or commercial information or information
of a third party or information supplied in confidence by a third party should not be
disclosed. A private entity is similarly protected under this clause. Exceptions to
this protection include consent by the third party, disclosure necessary to facilitate
accountability, disclosure relating to expenditure of public funds or disclosure which
would reveal misconduct or deception.
Under Clause 23, disclosure which would constitute a breach of a duty of confidence
owed to a third party is prohibited. Also under this clause, an information officer can
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