Section 16 Manual

4.1 Acknowledgement of applications and contact with public bodies

The application should be acknowledged immediately and the applicant informed that he/she will be notified as soon as the Commissioner has decided whether or not to accept the application for review. The FOI Liaison Officer of the public body concerned should be contacted by telephone, E mail or fax. In the case of applications for review, other than cases where section 29 applies, the Liaison Officer should be asked to forward by fax or post, copies of :

  • the original FOI request,
  • the initial decision of the public body,
  • the request for internal review, and
  • the decision on internal review by the public body.

4.2 If the Liaison Officer indicates that the request has not been through the process of internal review, then the public body should be asked to confirm this in writing and to forward a copy of the original request and the public body's initial decision.

4.3 If the request which gave rise to the application for review appears to be one to which section 29 applies (see paragraph 4.9), the FOI Liaison Officer should be contacted and asked for copies of :

  • the original FOI request
  • the notification letters to third parties
  • the replies to the notification letters
  • the letter(s) of decision issued to third parties
  • the letter of decision issued to the requester.

4.4 If the application for review is from a person to whom section 29(2) applies and who objects to a proposed grant of access by the public body to the requester, the FOI Liaison Officer's attention should be immediately drawn to the provisions of section 44 of the Act. This requires the public body not to give effect to its decision to release the records pending the determination or withdrawal of the application for review. The Liaison Officer should be contacted by telephone and confirmation should issue by fax or e mail. (Where a fee for the section 29 application has not been received, the FOI Liaison Officer should also be contacted).

4.5 A separate file for each application for review should be opened.

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