Section 65 - Conduct & Outcome of the Review

Overview

Section 65 sets out the procedure to be followed and the adjudicator’s authority when conducting a review.

Section Reference

Section 65 of the Freedom of Information and Protection of Privacy Act

1. An adjudicator has the powers and duties given to the commissioner in sections 55 and 56 (1) and (2), and sections 56 (3) to (6) and 57 apply to an inquiry conducted by the adjudicator.
2. On completing an inquiry, an adjudicator has the same duty to dispose of the issues, the same powers to make orders and the same duty to notify others of those orders, as the commissioner has under section 58 (1), (2), (3) (a) to (d), (4) and (5).
3. Section 59 applies to an order of an adjudicator.

Policy

The person requesting the review, the head of the public body and any other person given a copy of the request for review are entitled to make representations to the adjudicator (section 56(3)) and to be represented by counsel or an agent (section 56(5)). The inquiry must be completed within 90 days after the request for review is received (section 56(6)).

The provisions for burden of proof (section 57) and for the head of a public body’s duty to comply with an adjudicator’s order (section 59) also apply.

Interpretation

The adjudicator’s powers and duties are parallel to those of the Commissioner with respect to:

• appointing a mediator (section 55)
• deciding all questions of fact and law (section 56(1))
• conducting a review in private (section 56(2))
• requiring either written or oral presentations (section 56(4)(a))
• deciding on the entitlement of persons to have access to or make comments on others’ representations to the adjudicator (section 56(4)(b))
• disposing of issues by making orders (section 58 (1), (2), (3)(a) to (d) and (4))
• providing others with a copy of an order (section 58(5))

Sectional Index of Commissioner's Orders

For orders organized by the Act's section numbers, Click here.

For a summary of Commissioner's orders and policy interpretation of key points, Click here.

Last updated: July 27, 2007