Act 6
Access to Information Act
2005
information is expressly prohibited by this Act or any other law.
(2) The court may not disclose to any person, including the parties to the proceedings
concerned, other than the public body referred to in subsection (1) (a) any record of a public body which, on a request for access, may have been refused
under this Act,
(b) if the information officer of a public body or the Inspector General of Government
in refusing to grant access to a record refused to confirm or deny the existence or
non-existence of the record, any information as to whether the record exists.
(3) The court under subsection (1) may (a) receive representation ex parte;
(b) conduct hearings in camera; and
(c) prohibit the publication of such information in relation to the proceedings as the
court determines, including information in relation to the parties to the
proceedings and the contents or orders made by the court in the proceedings.
41. Civil proceedings.
(1) For the purposes of this Part, proceedings on application are civil proceedings.
(2) The rules of evidence applicable in civil proceedings apply to proceedings in an
application under this Part.
(3) The burden of establishing that (a) the refusal of a request for access; or
(b) any decision taken under this Act complies with the provisions of this
Act rests on the party claiming that it complies.
42. Decision of court.
The court hearing an application under section 37 may, in addition to any other order, grant
an order –
(a) confirming, amending or setting aside the decision which is the subject of the
application concerned;
(b) requiring an information officer to grant or deny access to a record of a public body;
(c) requiring the information officer or relevant authority of a public body to take such
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