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Freedom Of Information Act 1982 Essay

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Part 1 (Preferably 250 words) (may be able to refer to freedom act as FOI)
Further information regarding the decision made by the Australian Register of Therapeutic Goods (ARTG) to remove ‘Healthwart’ may be available for Gonzo to review and potentially utilise. The Freedom of Information Act 1982 provides the basis for the right to access information. The right to access is provided in section 11 of the aforementioned act with subsection (1)(a) providing a right to access a document of an agency (establishment). Subsection (2)(a) deems a person’s reason for seeking information immaterial. Therefore Gonzo have the right to seek documents (including electronically stored information) under the Freedom of Information Act, implying no exemptions restrict access.
Exemptions to the general right to access information are encompassed in division 2 and division 3 of the Freedom of Information Act. Division 3 makes available general exemptions to the general right to access information, although no division 3 exceptions will prevent the right to access …show more content…
A merits review is only available if the enabling legislation allows for such a review, without such availability judicial review may still be an option. It is believed an internal merits review is granted under s 60(2)(a) of the enabling act, the act, which also specifically provides Gonzo must lodge a written notice to the Minister within 90 days of receiving the notice from the ARTG. Merits review is a superior system of review concerned with the facts, discretion and law of a decision, as oppose to its lesser judicial review being only concerned with the legality of decisions. Merits review also involves much lower costs compared to judicial review and furthermore a quicker process. Acting in your best interests I would recommend pursuing full merits review due to its availability and

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