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Contents (2009 - 52)
Government Information (Public Access) Act 2009 No 52
Current version for 1 July 2017 to date (accessed 24 November 2017 at 16:26)
Part 4 Division 3 Section 56
56   Authorised objector can object to inclusion in disclosure log
(1)  Each of the following persons (an authorised objector) can object to the inclusion in the agency’s disclosure log of all or specified information concerning an access application:
(a)  the access applicant,
(b)  any other person with whom the agency has consulted (or is required to consult) under section 54 before providing access to the information sought in the application.
(1A)  An objection can include reasons for the objection and, in the case of an objection by an access applicant, can be made as part of the access application or separately.
(2)  The grounds on which an authorised objector is entitled to object to the inclusion of information in an agency’s disclosure log are limited to any one or more of the following:
(a)  the information includes personal information about the authorised objector (or a deceased person for whom the authorised objector is the personal representative),
(b)  the information concerns the authorised objector’s business, commercial, professional or financial interests,
(c)  the information concerns research that has been, is being, or is intended to be, carried out by or on behalf of the authorised objector,
(d)  the information concerns the affairs of a government of the Commonwealth or another State (and the authorised objector is that government).
(3)  An agency’s acknowledgement of receipt of an access application is to include the following statements about the inclusion of information in the agency’s disclosure log (unless the agency considers it unlikely that information about the application will be included in the disclosure log):
(a)  a statement that information concerning the application will be included in the agency’s disclosure log and that the applicant can object to this,
(b)  a statement about the right of review under Part 5 of a decision by the agency to include information in its disclosure log despite the applicant’s objection.
(4)  If an access applicant has objected to the inclusion of information in the agency’s disclosure log, the agency’s notice of decision of the access application must indicate:
(a)  the agency’s decision about whether the applicant was entitled to object, and
(b)  (if the agency has decided that the applicant was entitled to object) the agency’s decision on whether to include the information in its disclosure log.
Note.
 The agency’s decisions are reviewable under Part 5.
(4A)  If a person referred to in subsection (1) (b) has objected to the inclusion of information in the agency’s disclosure log, the agency must, as soon as is reasonably practicable after the decision concerned is made (and in any event within 5 working days after the decision is made), give the person a written notice that indicates:
(a)  the agency’s decision about whether the person was entitled to object, and
(b)  (if the agency has decided that the person was entitled to object) the agency’s decision on whether to include the information in its disclosure log.
(5)  An agency that decides that an authorised objector was not entitled to object to the inclusion of information in the agency’s disclosure log is entitled to immediately include the information in the disclosure log.
(6)  An agency that decides that an authorised objector was entitled to object to the inclusion of information in the agency’s disclosure log but decides to include the information despite the objection must not include the information while the objector is entitled to apply for a review of the agency’s decision under Part 5 (ignoring any period that may be available by way of extension of time to apply for review), or any review duly applied for is pending.