Government Information (Public Access) Act 2009 No 52
Current version for 1 December 2014 to date (accessed 20 December 2014 at 22:32)
Part 4Division 1

Division 1 Making an access application

41   How to make an access application

(1)  An application or other request for government information is not a valid access application unless it complies with the following requirements (the formal requirements) for access applications:
(a)  it must be in writing sent to or lodged at an office of the agency concerned,
(b)  it must clearly indicate that it is an access application made under this Act,
(c)  it must be accompanied by a fee of $30,
(d)  it must state a postal address as the address for correspondence in connection with the application,
(e)  it must include such information as is reasonably necessary to enable the government information applied for to be identified.
Note. See section 51A concerning the effect of a waiver, reduction or refund of the fee for an access application. See also section 52 (3) concerning assistance to be afforded by an agency to an access applicant.
(2)  An agency may, with the approval of the Information Commissioner, approve additional facilities for the making of an access application or the payment of an application fee. An application made to any agency by use of such a facility is considered to have been lodged at an office of the agency and a fee paid by use of such a facility is considered to have accompanied the application.
(3)  An access application is not considered to have been received by an agency until it is actually received by the agency.

42   Inclusion of additional information in applications

An access application can include any of the following:
(a)  submissions by the applicant as to any public interest considerations that the applicant thinks the agency should take into account in determining whether or not there is an overriding public interest against disclosure of the information,
(b)  a request for a discount on processing charges for the application (including relevant supporting information, such as evidence of hardship or special public interest),
(c)  any other information that the applicant thinks may be relevant.

43   Access application cannot be made for excluded information

(1)  An access application cannot be made to an agency for access to excluded information of the agency.
Note. Information is excluded information of an agency if it relates to any function specified in Schedule 2 in relation to the agency.
(2)  An application for government information is not a valid access application to the extent that the application is made in contravention of this section.
Top of page