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2017-12-12 S&O Agenda - Attachment 2 to Item 7 - Reviewed Delegations of Authority
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ATTACHMENT 2
DESCRIPTION OF POWER DELEGATED LEGISLATION
Power to refuse access to a document of the Council. Section 47(3)
Power to decide whether disclosure of a document would, on balance, be contrary to Sections 48(1),
the public interest 49(1), 50(1),
and 51(1)
Power to give access to all or part of a document despite Council’s power under Section 48(3)
section 47(3)(a) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 49(5)
section 47(3)(b) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 50(4)
section 47(3)(c) to refuse access to all or part of the document.
Power to give access to all or part of a document despite Council’s power under Section 51(3)
section 47(3)(d) to refuse access to all or part of the document.
Power to satisfy itself in dealing an application for access to a document that is non- Section 52(1)
existent or un-locatable, that—
(a) the document does not exist; or
(b) the document has been or should be in Council’s possession, and all reasonable
steps have been taken to find the document but the document cannot be found.
Power to give a prescribed written notice, with regards to an access application for a Section 55 (2)
document containing prescribed information, that does not include details mentioned in and (3)
section 191(a) or (b), and in a schedule of relevant documents.
Power to waive a processing charge, or access charge, for an access application if Section 64(1)
Council considers that the likely associated costs to Council would be more than the
likely amount of the charge.
Power to give access to a document in one or more of the prescribed forms in Section 68(1)
section 68(1).
Power to refuse to give access to documents in a form requested by the applicant and Section 68(4)
give access in another form in the circumstances specified in section 68(4).
Power to give access to a document in another form agreed to by the applicant Section 68(8)
Power to allow an additional period during which a person may access a document. Section 69(2)
Power to defer giving access to a document for a reasonable period if the document Section 72(1)
was prepared—
(a) for presentation to the Assembly or a committee of the Assembly; or
(b) for release to the media; or
(c) solely for inclusion, in the same or an amended form, in a document to be prepared
for a purpose mentioned in paragraph (a) or (b);
and the document is yet to be presented or released, or included in a document to be
presented or released, as the case may be.
Power to delete irrelevant information from a copy of a document and give access to Section 73
the document by giving access to a copy of the document with the irrelevant
information deleted, only if Council considers the applicant would accept the copy and
it is reasonably practicable to give access to the copy.
Power, subject to section 55, to give access to a document containing exempt Section 74
information if it is practicable to give access to a copy of the document from which the
exempt information has been deleted and it appears to Council that the applicant would
wish to be given access to the copy.
Power, subject to section 55, to give access to a document containing contrary to Section 75
public interest information if it is practicable to give access to a copy of the document
from which the contrary to public interest information has been deleted and it appears
to Council that the applicant would wish to be given access to the copy.
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