S. 6K inserted by No. 6/2012 s. 6. 6K Delegation The Freedom of Information Commissioner may by instrument delegate to a person referred to in section 6J any of the Commissioner's functions and powers except— (a) the power to make a decision on a review under Part VI; or (b) the power to make recommendations in relation to a complaint under Part VIA; or (c) the power to prepare a report under Part VII; or (d) this power of delegation. s. 6K __________________ Pt 1B (Heading and ss 6L, 6M) inserted by No. 6/2012 s. 6. S. 6L inserted by No. 6/2012 s. 6. 6L Development of professional standards s. 6L (1) The Minister may develop professional standards relating to— (a) the conduct of agencies in performing functions under this Act; and (b) the administration of this Act in relation to agencies and the operation of this Act by agencies. (2) The professional standards may include standards for the processing of requests under this Act, including standards for—
S. 26(1) amended by No. 58/1993 s. 10(a)(b). (1) A decision in respect of a request made to an agency may be made, on behalf of the agency, by the responsible Minister or the principal officer of the agency or, by an officer of the agency acting within the scope of authority exercisable by him in accordance with arrangements approved by the responsible Minister or the principal officer of the agency. S. 26(2) amended by No. 10155 s. 67(1)(b). (2) Where a request is made to an agency for a document, and no arrangements in respect of documents of that type have been made and published under the regulations, a decision on that request shall, for the purpose of enabling an application for review to be made to the Tribunal, be deemed to have been made by the principal officer of the agency. 27 Reasons etc. to be given S. 27(1) amended by No. 84/1990 s. 3(a). (1) Where, in relation to a request for access to a document of an agency or an official document of a Minister, a decision is made under this Part that the applicant is not entitled to access to the document in accordance with the request or that provision of access to the document be deferred or that no such document exists, the agency or Minister shall cause the applicant to be given notice in writing of the decision, and the notice shall— (a) state the findings on any material questions of fact, referring to the material on which those findings were based, and the reasons for the decision; S. 27(1)(b) amended by No. 84/1990 s. 3(b). (b) where the decision relates to an agency, state the name and designation of the person giving the decision; s. 27 S. 27(1)(c) amended by No. 30/2006 s. 19(4). (c) where access is given to a document in accordance with section 25 state that the
S. 27(1)(db)(i) amended by No. 6/2012 s. 10(2)(a). (i) an application for a review of the decision may be made under Division 1 of Part VI of this Act; S. 27(1)(db)(ii) amended by No. 6/2012 s. 10(2)(b). (ii) if applicable, an application for conciliation may be made under Division 2 of Part VI of this Act; S. 27(1)(e) amended by Nos 84/1990 s. 3(c), 58/1993 s. 11(a), 7/2003 s. 44(1), 6/2012 s. 10(3). (e) where, in the case of a decision of an agency, the decision does not relate to a request for access to a document that if it existed would be, an exempt document under section 28, 29A or 31 but the decision is to the effect that the document does not exist or cannot, after a thorough and diligent search, be located, inform the applicant of his right to complain to the Freedom of Information Commissioner. (2) In a notice under subsection (1), an agency or Minister— (a) is not required to include any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document; S. 27(2)(b) substituted by No. 84/1990 s. 3(d), amended by Nos 58/1993 s. 11(b), 7/2003 s. 44(2). (b) if the decision relates to a request for access to a document that is an exempt document under section 28, 29A or 31 or that, if it existed, would be an exempt document under section 28, 29A or 31, may state the decision in terms which neither confirm nor deny the existence of any document. s. 27 _______________
S. 50(4) amended by Nos 10155 s. 67(1)(e) (vi)(vii), 7/2003 s. 44(3). (4) On the hearing of an application for review the Tribunal shall have, in addition to any other power, the same powers as an agency or a Minister in respect of a request, including power to decide that access should be granted to an exempt document (not being a document referred to in section 28, section 29A, section 31(3), or in section 33) where the Tribunal is of opinion that the public interest requires that access to the document should be granted under this Act. s. 50 S. 50(5) amended by No. 10155 s. 67(1)(e)(vii). (5) Where a certificate has been given in respect of a document under section 28(4), the powers of the Tribunal do not extend to reviewing the decision to give the certificate and shall be limited to determining whether a document has been properly classified as an exempt document within the meaning of section 28. S. 50(5A) inserted by No. 7/2003 s. 44(4). (5A) Where a certificate has been given in respect of a document under section 29A(2), the powers of the Tribunal do not extend to reviewing the decision to give the certificate and shall be limited to determining the question whether there exist reasonable grounds for the claim that the document is an exempt document under section 29A. S. 50(6) inserted by No. 58/1993 s. 13. (6) The Tribunal may refuse to review a decision of an agency or Minister to refuse the request of a person for access to a document if the Tribunal is satisfied that it has previously reviewed a decision of the agency or Minister to refuse access to the same document or the same information. S. 51 amended by Nos 10155 s. 67(1)(f), 2/2001 s. 101(1)(f)(g), substituted by No. 6/2012 s. 16. 51 Freedom of Information Commissioner may be called on to assist Tribunal s. 51 (1) The Tribunal, on its own motion or on the application of the Freedom of Information Commissioner, may call on the Commissioner to assist the Tribunal in respect of a review.
S. 61(aa) inserted by No. 58/1993 s. 23(1)(c). (aa) if a person is the principal officer of a council—to the council; (b) if the person is an officer of an agency but not the principal officer of that agency—the principal officer of that agency. S. 61(2) inserted by No. 6/2012 s. 23. (2) In the circumstances set out in subsection (1), the Tribunal must also bring the evidence to the notice of the Freedom of Information Commissioner. S. 61A inserted by No. 10155 s. 67(1)(r), repealed by No. 52/1998 s. 311(Sch. 1 item 32.9). * * * * * s. 61 _______________ Pt 6A (Heading and ss 61A–61N) inserted by No. 6/2012 s. 24. New s. 61A inserted by No. 6/2012 s. 24. 61A Complaints s. 61A (1) A complaint may be made to the Freedom of Information Commissioner in accordance with this Part about any of the following— (a) an action taken or failed to be taken by an agency in the performance or purported performance of the agency's functions and obligations under this Act, including a decision by an agency that a document does not exist or cannot be located;
the Commissioner's functions in conducting a review or dealing with a complaint. (5) The Freedom of Information Commissioner must, on completion of a review or a complaint process— (a) return any document produced to the Commissioner in the review of a request or in dealing with the complaint to the person who produced the document; and (b) return to that person, or destroy, any copies of the document. (6) In this section specified person means— (a) the Freedom of Information Commissioner; or (b) a member of staff of the office of the Freedom of Information Commissioner; or (c) a contractor, agent or other person acting for or on behalf the Freedom of Information Commissioner. Pt 7 Div. 3 (Heading) inserted by No. 6/2012 s. 29. Division 3—Reporting S. 64 amended by Nos 10155 s. 67(1)(s), 97/1993 s. 44(a), 38/1999 s. 6(d), substituted by No. 6/2012 s. 30. 64 Reporting by Freedom of Information Commissioner s. 64 (1) As soon as practicable after the end of each financial year, the Freedom of Information Commissioner must prepare an annual report on the operation of this Act during that year. (2) The report must contain information relating to the following for the relevant year—