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Access determinations

Access determinations. Joy Liddicoat. Access directions: the why, what and when Enforcement Appeals. “What’s up on access to personal information?”. Commissioner may direct an agency. … to do any of the following before a specified date:

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Access determinations

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  1. Access determinations Joy Liddicoat

  2. Access directions: the why, what and when Enforcement Appeals “What’s up on access to personal information?”

  3. Commissioner may direct an agency … to do any of the following before a specified date: Confirm whether or not the agency holds any specified personal information Permit a complainant to access specified information Make specific information available to a complainant in a particular way Clause 96(7)

  4. When can a direction be made? Questions: • During an investigation: using best endeavours to resolve a complaint. • Should there be time periods for enforcement by the complainant? • Is a power to vary or cancel an order needed? • After an investigation has been completed – cl 96 • Failure to comply with a determination is a criminal offence punishable by a fine up to $10,000 – cl 109 • Tribunal may confirm, modify or reverse the direction – cl 114 • Costs may be awarded – cl 115

  5. What direction can be made? Questions: • Discretion: what factors to take into account? • How specific? Eg of confirmation that information exist, links back to cl 49.50, 59 and 59(4) –reasons • What are the ways to make information available? Cl 58, 61-63 • What time periods for compliance might be reasonable? • Confirm whether or not the agency holds any personal information • Permit a complainant to access specified personal information • Make specific information available to a complainant in a particular way • By a specific date

  6. Enforcement Questions: • Time periods for enforcement by individual? • Power to vary or cancel an order? • Complaints where there is more than one IPP involved? • Directions under cl 96(5)(a) – which includes access directions in cl 96(7) – are enforceable in the Human Rights Review Tribunal – cl 109 • Failure to comply with a determination is a criminal offence punishable by a fine up to $10,000 – cl 109 • Tribunal may confirm, modify or reverse the direction – cl 114 • Costs may be awarded – cl 115

  7. Appeals Questions: • are the time periods for appeal practical for different sized agencies? • Agency has 20 working days to appeal, but up to 3 months in exceptional circumstances • Commissioner can only be heard if the appeal is a hearing.

  8. QUESTIONS & CASE STUDIES

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