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CLAUSE NOTES
Right to Information Amendment Bill 2011
Clause 1: Short title
Clause 2: Commencement
Clause 3: Principal Act
Clause 4: Amends section 6 of the Principal Act to
include the Parole Board in the list of bodies
excluded from the operation of the Act
Clause 5: Improves the language of section 15 to make
the language more imperative by omitting
"enable an applicant to be notified" and
substituting "notify an applicant".
Clause 6: Amends section 19 to allow public bodies to
assess multiple applications as a whole instead
of as stand-alone applications, to allow the test
of unreasonable diversion of resources to
apply.
Clause 7: Broadens section 22 by including sections
10(1) and 12(3)(c) into the list of sections
which trigger a responsibility to give reasons if
used to refuse the provision of information
Clause 8: Improves the language of the section to make
the requirements of the section clearer and
less onerous by omitting "details on" and
substituting "an overview of".
Clause 9: Amends the heading of Division 1 of Part 3
from `Exemptions not subject to public interest
test' to `General exemptions' in line with the
amendment in clause 10.
Clause 10: Alters section 33 by replacing subsection (1)
with wording that will better reflect the
intention that information falling into the
categories laid out in ss34-42 be subject to the
public interest test over and above the
exemptions in those sections.
Clause 11: Corrects section 36 to give intended meaning
to the section information in that subsection
should have been `about' a person, not
`supplied by' a person.
Clause 12: Adds `heritage' to the list of characteristics
protected by section 42.
Clause 13: Amends section 45 to ensure a time limit of 20
days applies to an application being made by
another person who feels they ought to have
been consulted on the release of information,
consistent with other timelines in the Act.
Clause 14: Improves the language of section 46 to give
certainty to the time period for lodgement of
applications for review of "deemed decision".
Clause 15: Inserts in section 47 a power for the
Ombudsman to decline an application for
review consistent with section 20 of the Act. It
also clarifies the language of subsection (5), as
the current wording creates uncertainty as to
the decision which may be made by the
Ombudsman. The amendment picks up the
wording from 47(6) which was the intent of
the subsection.
Clause 16: Amends section 48 to clarify the power of the
Ombudsman in confirming or denying the
existence of information the amended
wording is consistent with section 22 wording
which was the intent of section 48.
Clause 17: Corrects the references to `document' in
Schedule 2 by replacing them with the word
`information' consistent with the rest of the
Act.
Clause 18: Corrects the references to `document' in
Schedule 3 by replacing them with the word
`information' consistent with the rest of the
Act.
Clause 19 and 20: Changes references in the Children, Young
People and their Families Act 1997 from
`Freedom of Information Act 1991' to `Right
to Information Act 2009'.
Clause 21 and 22: Changes references in the Police Powers
(Controlled Operations) Act 2006 from
`Freedom of Information Act 1991' to `Right
to Information Act 2009'.
Clause 23: Sets a repeal date for the amendment Act.