Office of the Information and Privacy Commissioner. Guide to LA FOIP, CHAPTER 2, Administration of LA FOIP. Updated 2 March 2023. 24 Section 42: Conduct of Review Conduct of review 42(1) The commissioner shall conduct every review in private. (2) The: (a) person who applies for a review; (b) third party or applicant who is entitled to notice pursuant to section 41; and (c) head whose decision is the subject of a review; are entitled to make representations to the commissioner in the course of the review. (3) No one is entitled as of right: (a) to be present during a review; or (b) before or after a review: (i) to have access to; or (ii) to comment on; representations made to the commissioner by any other person. Subsection 42(1) of LA FOIP provides that the Commissioner shall “conduct every review in private.” However, the Commissioner also has some discretion to disclose what the Commissioner deems necessary pursuant to subsection 46(3) of The Freedom of Information and Protection of Privacy Act (FOIP).32 For more on this, see Section 46: Confidentiality, later in this Chapter. Further, the Commissioner has the authority to determine the procedure to be followed for reviews pursuant to subsection 45(2)(d) of FOIP.33 Subsection 42(2) of LA FOIP provides that applicants, local authorities and third parties (given notice under section 41 of LA FOIP) are entitled to make submissions to the Commissioner in the course of a review. Subsection 42(3) of LA FOIP provides that no person is entitled to be present during a review. Further, no person is entitled to have access to or comment on submissions made to the Commissioner before or after a review. 32 Section 46 of FOIP is adopted by LA FOIP pursuant to section 48 of LA FOIP. Therefore, this provision applies in the context of LA FOIP as well. 33 Section 45 of FOIP is adopted by LA FOIP pursuant to section 48 of LA FOIP. Therefore, this provision applies in the context of LA FOIP as well.
RkJQdWJsaXNoZXIy MTgwMjYzOA==