Schedule 1 Amendment of Freedom of Information Act 1989 No 5
[1] Part 4 Amendment of records
Transfer the Part to the Privacy and Personal Information Protection Act 1998 (with the following amendments) after Part 6 as Part 6A of that Act with sections numbered consecutively starting from section 59A and with cross-references to sections of that Part in those transferred provisions renumbered accordingly.
[2] Part 4, Division 1, heading
Omit the heading.
Insert before section 39:(1) In this Part:GIPA Act means the Government Information (Public Access) Act 2009.
(2) Words and expressions used in this Part that are defined in the GIPA Act have the same meanings as in that Act.
[4] Section 39 Right to apply for amendment of agencies’ records
Omit “an agency’s document”. Insert instead “a record held by an agency”.
Omit “document”. Insert instead “record”.
[6] Section 40 Applications for amendment of agencies’ records
Omit “agency’s document” from section 40 (c).Insert instead “record held by the agency”.
Omit “document”, wherever occurring. Insert instead “record”.
[8] Section 42 Incomplete applications
Omit “agency’s document”. Insert instead “record held by the agency”.
[9] Section 45 Notices of determination
Omit section 45 (2) (b) (iv). Insert instead:(iv) the rights of review under the GIPA Act conferred by this Part in relation to the determination, and
Omit the subsection. Insert instead:(3) An agency is not required to include in a notice any matter that is of such a nature that its inclusion in the notice would result in the disclosure of information for which there is an overriding public interest against disclosure.
Omit Divisions 2 and 3 of Part 4. Insert instead:47 Right of review under GIPA Act
A person who is aggrieved by a determination of an agency under this Part is entitled to a review of the determination under Part 5 of the GIPA Act as if the determination were a reviewable decision under that Part.