Protection in
respect of offences
Judicial review
41.
A person shall not be guilty of an offence by reason only of
having authorized, or having been involved in, the giving of access
to a document (a)
in good faith, and
(b)
in accordance with the requirements of this
Act.
42.
(1) Any person aggrieved by a decision of a public authority
under this Act may apply to the High Court for judicial review of the
decision.
(2) The High Court, after considering an application under
subsection (1), may confirm, vary, remit or set aside the decision.
(3) In this section, “decision of a public authority” includes
the failure of a public authority to comply with any provision of this
Act.
Annual Report
43.
(1) The Minister shall, as soon as practicable after the 31st of
March of each year, prepare a report on the operation of this Act
during that year, and cause a copy of such report to be laid before
the National Assembly.
(2) Each responsible Minister shall, in relation to the public
authorities within his or her portfolio, furnish to the Minister such
information as he or she requires for the purposes of the preparation
of a report under this section, and shall comply with any
administrative requirements set out by the Minister, in writing,
concerning the furnishing of that information and the keeping of
records for the purposes of this section.
(3) A report under this section shall include, in respect of the
year to which the report relates, the following information (a)
the number of requests made to a public
authority;
(b)
the number of decisions by a public authority
in relation to which an applicant was not
entitled to access to a document pursuant to a
request, including the provisions of this Act
under which these decisions were made and
the number of times each provision was
invoked;
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