access to information act

31
ACCESS TO INFORbfATION THE ACCESS TO INFORMATION ACT ORDER (under section 5(1) (a) ) The Access to Information (Public Authorities) Order. 2004 1.5 > 2001 O-A'?OU.I w200-I 1322004 25 200' &GUI.ATIONS (under sect~on 37) 1. h *?""I The Access to lnformation Regulations, 2003 The Access to Information (Cost of Reproduction of Off~c~al "Irn' Documel~t$)L" Regulations, 2003 RULES (byparagraph I? ofthe Second Schedule) ,,"I 1,200~ The Access to lnformation (Appeal Tribunal) Rules. 2005

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ACCESS TO INFORbfATION

THE ACCESS TO INFORMATION ACT

ORDER(under section 5(1) (a) )

The Access to Information (Public Authorities) Order. 2004 1.5 > 2001

O-A'?OU.I

w200-I

132200425 200'

&GUI.ATIONS

(under sect~on 37)

1. h *?""IThe Access to lnformation Regulations, 2003

The Access to Information (Cost of Reproduction of Off~c~al "Irn'

Documel~t$)L"Regulations, 2003

RULES(byparagraph I? ofthe Second Schedule)

,,"I 1,200~

The Access to lnformation (Appeal Tribunal) Rules. 2005

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THE ACCESS TO INFORMATION ACT

ORDER(1mdt.r section 5(1)([1))

THE ACCESS .TO INFORMATION (PUBLIC AIJTI IOIIITIES) ORDER, 2004

1.9 1111,(Made by the Mfnisler un the 6th d~zyof Junuury, 200-1) 7, 3!

11 1001

I ::1w1.,~.:,,"'

1. This Order !nay be cited as the Access to Information (PublicAuthorities) Order, 2004.2. The Access to lnformation Act shall apply to the public authorities

specified in the Schedule. srilrduttThe Ofice of the Prim MinisterThe Cabinat OfflccThe Ministry of Finance and PlanningThe Ministry of Local Government. Community Development and SportThe Jamaica Information ServiceTha Planning Institute of JanlaicaThe National Works AgencyThe Ministry or AgricuilureThe Ministry ofCommerce. Science and TechnologyThe Ministry of Education, Youth and Culture'The Ministry of HealthThe Ministry of Water and Housing

'The Accountant-General's DepatimentThe Bank of JamaicaThe Urban Development Corporation

The Ministry of Foreign Affairs and Foreign TradeThe Ministry ofJustice

IT* lnelu~io~l page is rurhonzd by L.N. IsbfZOOSI

or tld~

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ACCESS TOINFORMA TlON

THE ACCESS TO INFORMATION ACT

REGUI.ATIONS(under section 37)

THE ACCESS TO ~NFORMATIONREGULATIONS,

2003(Made b.v the Min~ster on the 17th day ofOctober, 2003) LN am4

1. These Regulations may be cited as the Access to Informanon c1a.nonRegulations. 2003.2. In these Regulations-Inlerpretshon"applicant" means a person who applies for access to an officialdocnment;

"responsible officer" means a person, whether employed on contract orotherwise, who is attached to a public authority, is responsible foradministering the process of access to information and whoseduties are specified in regulation 4.

3. Every public authority shall cause to be appointed a responsible APP&~~ofmpomible

officer.offimr

4. The functions and duties of the responsible officer, for the purposes of hudnapo~lbb

these Regulations, shall include-om<.,

(a)the acknowledgment of the receipt of applicahons for access toofficial documents,(b)electronically recording or putting in writing, oral requestsreceived;(c)conducting interviews w~th applicants, where necessary, in order toensure proper idenhfication of the offic~al documents beingrequested;(4 conducting an initial review of each requested document under theAct ~n order to detemune whether any such document is to bereleased,

(e) examining a requested document to determine whether-(i)that document is an exempt document;

(ii)that document contains exempt matter;(iii) that grant of access to

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that document should be de-ferred; or(iv)the form of access requested would be in breach of theCopyright Act:V) keeping applicants for access to official documents hlly informedof the status of their requests:

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Delegmar

ofduties

Fubksfionduutial

3m,mmt.

KIC0.d ofnppIi"d0nr.

THEACCESS TOINFORMA TlON REGULATIONS. 2003

(g) providing access to non-exempt official documents to applicants asprovided under the Act;(h)providing advice to the Permanent Secretary in a Ministry or a

principal officer in other public authorities for the purpose ofidentifying exempt matter or an exempt document in accordancewith the provisions of the Act;(i)informing an applicant, in writing, that a requested officialdocument is exempt or contains exempt matter, or that access to thedocument will be deferred and indicating to that applicant the basisfor the exemption or deferral,(j)assisting with the implementation of all decisions in accordancewith the Act and any other relevant enactment;(k)maintaining knowledge of the Act, laws relevant to the ad-

ministration of the Act and laws affecting records and informationmanagement;(I)informing applicants when it is known that an official documentrequested is already published, and if requested, providing accessto such a publication in accordance with existing relevantadministrative procedures or statvtes,(m)coordinating throughout the public autko":?y information requiredto be published under section 4 of the Act;(n)publishing in a newspaper circulated in the Island a noticeindicating the gazetted date of the initial and subsequent statementsof a public authority's organization and hnctions pursuant tosection 4 of and the Fist Schedule to the Act;(0)the transferring of applications and keeping the applicant informedas to the status thereof;@)anything required by the Act or these Regulations to be done.

5. The responsible officer may from, time to time, delegate such of hisduties as may be necessary.6. The Permanent Secretary of a Ministry or a principal officer of apublic authority, shall cause to be published in the Gazette-

(a)an initial and subsequent 'statements on the organization andfunctions of the public authority pursuant to section 4 of and the

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First Schedule to the Act;(b)whenever a change occurs in the subjects handled by the publicauthority, or in its functions, a statement as to such change.7. The responsible officer shall cause a record to be made of allappljcations made under section 7 and section 24 of the Act.IThe lnrluslon of rhls pago Is aulhorlzed by L.N. 18*110081

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THE ACCESS TO INFORMATIONREGULATIONS 2003

7

8.1) Where an application is made by telephone or other electronic Ap~hstirm

by a*-.

means to a public authority for access to an official document, the responsible.k,w,,officer shall immediately take the necessary measures to record and store the ;ySMdmreceipt of such application on the application form set out as Form 1 in theSchednle. schedule.

Pam I.

(2) An application in writing for access to an official document maybe made to the relevant public authority in the form set out as Form 1 in theSchedule.9. A responsible officer shall provide such assistance as may be necessary ~EI;;:for a person to prepare a written application for access to an official apphw,m. document where that person informs a public authority of his desire to applyfor access to such a document but is unable to do so on his own as a result ofhis-(a) inability or limited ability to read or write English, or(6) mental or physical disability, or other condition that impairs hisabiliiy to make a request by other means.

10. Wherewhen meDm*lo

(a)access to an official document has been granted and the cost ofreproducing that document is not paid within the specified time aswas mutually agreed: or(6).the public authority receives an application for the waiver,remission or reduction of such cost,time shall cease to run until the cost is paid or the waiver, remission orreduction is granted, as the case may be.

11.Upon receipt of an application for access to an official document, the Rcaponsiblaam*, to

responsible off~cer shall-drtrrmult

whm'w

(a)

examine the application to determine whether the information ,&.Irequested is already published, dmm~nt~*dY

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Sohdulr.PO"" 2.

THE ACCESS TO IhhFORMATIO,V RE:iiULATIONS. 200;

(b) for amendment or annotation of personal records.

shall not be trdnsferred from one public authority to another more than thrcctimcs unless the responsible officer is satisfied that such additional transfers are necessaN in the circunistances and tlds is communicated to and agreedby the applicant.

14.-(1) The preparation of official documents by a public authority forthe purpose of granting access, and the inspection of. viewing of, listening toor collection of copies of official documents, shall normally be done duringthe regular working hours of the public authority.

(2) Where access is to be g~anted to an official document the

applicant shall be notified in writing as to-(a) the manner in which access to such document will be granted;(b) thc cost of any reproduction as may have been requested; or(c) the location where originals of official documents or copics orlranscripts thereof m:ly be inspcctcd, vicwed, lincncd to orcollected, as the case may be.15.-(1) The responsible oflicer or his dcsignatc shall authenticate copies

of all official documents to be rcleased to an applicant.

(2) Such authentication shall be effected by means of the officialstamp of the public authority or such other official means as would beappropriate and practicable. having regard to the nature of the official

document.16. Where an applicant requires access to an official document in theform of a copy and the condition of the official document is such that itwould yield a copy of poor quality, the applicant shall be informedaccordingly and an alternative form of access suggested.17.-(1) An applicant may be denied access--

(a)to an official document in any case where(i)that document is an exempt document;(ii)public disclosure of such a document is otherwiseprohibited under the Act or under any other enactment;or(6)to any part of an official document which contains exemptmatter.(2) Every certificate required to be issued under section 23 of theAct shall be in the form set out as Form 2 in the Schedule.(3) The responsible officer shall, not later than fourteen &ys afterthe issuance of a certificate under section 23 of the Act, publish in theGazette a notice indicating the issuance of such certificate.lThe lnrlusion or lhir page ia aalhorlzed by L.N.18*/10081

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TIIEACCESS TOINFOM TION REGUM TIONS 2003

18.-(1) In any case where the personal privacy of a person may be t;;z:maffected by the grant of access to an official document_ the responsible officer;;:;;;;shall consult, if possible. with that person or his representative to determine

mofwhether access would involve unreasonable disclosure of information ""'""relating to that person.

(2) Where it is determined that access is to be granted to ru~officialdocument. in circumstances where the personal privacy of a person may beaffected by the grant of access. such person, or his representative. is to beentitled to a copy of the document to which access has been granted.19.+1) An application pursuant to section 24 of the Act for amendment F,":;:or annotation of an official document containing personal information about :y&2ithe applicant shall be accompanied by evidence that the official docnment is ,,,

d.incomplete, incorrect. out of date or misleading.

(2) The responsible officer shall, if he considers it necessary, requirethe applicant to provide snch additional evidencc and documents as theresponsible officer considers necessary in support of the application foramendment or annotation.(3) Where a public authority amends an official document undersection 25 of tbe Act the amendment shall be done in snch manner as not toobliterate the tea of the documents or any part thereof.(4) An amendment under paragraph (3) shall appear at the side ofthe document being amended or such other distinct place on the document,with a notation attesting to the amendment.

(5) An application to a public authority for an amendment orannotation of an official document may be made in the form set out as Form s-hd~.Farm3.

3 in the Schedule.20.--(I) The cost of reproduction of official documents shall be the cost %&m,prescribed by order pursuant to section 37 of the Act.

(2) A public authority shall display, in such a manner as to bring topublic notice, the costs prescribed for the reproduction of official documents.(3) The cost of reproduction shall be paid by such method as thepublic authority shall specify and shall include payment by cash, cheque orelectronic bank cards.21.-(1) An applicant may make a written application to the responsible zvqfmMinister requesting a reductio~ remission or waiver of the cost of 2.ucfl.rreproduction of official documents.

(2) The application under paragraph (1) shall specify the reasons forsuch a request(3) Where the responsible Minister considem it necessary he mayquest such hutha information to more effectively make a decision.!The inelvsion or tllir page is authorized by L.N. IW1008)

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THE ACCESS TO lNFORMATION REGUUTIONS. 2003

SCHEDULE (Regulations8, 17 and 19)

FORM l (Regulation 8(1) and (2))

Reference No.(For Infernal Use Only)

THE ACCESS TO INFORMATION ACTAWLICATIONFORMFOR ACCBSSTO OFFICIAL DCCUMENT(Please use a separate application form for each document requested)

1. Title of Public Authority:(Please store the title of the public aufhoriry from which you ore requesting the

document).

2. Name of Applicant:(Prtnr)La62 .............................. First.......................... Middle

3. Address:(Please indtcafe the address to which correspondence related to your applrcafion should ba sent).Mailing ...................................... Business .............................................

................................................................................

......................

................................................................................

......................Tel.: ................. Fax............... Tel.: ..................... Fax ..................

Email .................................... Other ..............................................

................................................................................

...................

4. Description of Document:(Please state all information available to you which will assist us in filling yourrequest quickly).NamdType of Ducument (if known) ............................................................ReferenodFile No. (if known) ....................................................................Other ..........................................................................

.......................

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THE ACCESS TO ~FORMATfONREGlltATIONS,2003

5. I would lke to:(Please check the relevant box(e3)).

o inapct the document

o listen to the documentview the documentcl have a copy(ies) of the document made availsble to me in the following famat: o photocopycl compact disccl diskette0 transcriptcl other@lea~e specifi), ..................................Number of copies required:.................................

Please note that:

-payment wtll be required before copies are mode;

-inzation on walloble formats andpricesper copy moy be obtainedfrom the relevant wblb nathoritv:-wheretheprovl,m ofcop1,sa in the requested fmot if notposJlble, an olrernativsfbrmat,ormay be agreed between thepartles, WIN be made available.

......................................................................... Date..

...................... .....................

Signohwe ofApplicanr

Note: Responfible O@rs shouldcomplete memorandum ofAltestotion and VerfkationifonApplication is complebd by hidher on behalfof the Applicannt

!The Ineludon of this pap Is sulhorlzed by L.N. 18*110081

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THEACCESS TO INFORMATION ACT. 2002Cerl$cole of Emrnpfmn

In accordancewith S. 21 of the Access to Information An,this is to emify thu thc 

0 official docmcnt

0 part (8) of the ullicinl dosurnentrequested under Application for Access to Onicial Dacumcm Referace Number...dated ......................................and being the document described hereunder:(describe exempi duczmenl or exemplpari(r)ofdoomlent)

.......................................................................

idarc zxmpt purauanl lo ................................ (stale relevant secnon)of the Act for thefollnningreasons:

........................................................................Dated this. ...................day of....................................................,20............(year)

Signed: ........................................... Signed: .............................................Prime Minister

Minister of ........................................

(msert nanm and title qfrelevanrM>nisrer)

IThe lnrlu~lnnof this page is sulhorimd by L.N. 18,JZ008l

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THEACCESS M INFORMATION REGUUTlOh5,2003

FORM 3(Regulation 19(5))

Reference No.

(For Inhrnal Ure Onb)

THEACCESS TO INFORMATION ACTApplicalion Fnm for AmendmenUAnnotslionof Personal Record

(Pleasr ux a separate opplicofionJbrnlfor each doc~menfrequested)

1. Titlc of Public Authority:2. Name of Applicant:(Print)

Lad .............................. FirstMiddle .............................

Alias(es) (ifmy). ...........................................................................................

3. Address:(Please indicate the oddress to which correspondence related to your opplicatton shordd be sent).

Mailing ......................................Business.............................................

................................................................................

....................Tel.:................. Fax............... Tel.: ..................... Fax ..................

4.1=quire an amendment/annolalionof the official documM stated helow as theinformation which it contains about me is:(rdentrficotionmay be required)

lnamect

0

Out ufdale

0 Misleading

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THE ACCESS r01.UFORMA TIOA' REGULATIONS. 2005

Desaiplion of Docummt:

(Please stare all wfor,aanon lrwrlohle to yorc which wdl asrisr us in filling your

request quickly).

NameiType of Document (ifknom) ...........................................................RefaenceiFile No. (if how)......................................................................Other .................................................................................................

The mfanntion in respa of which the above claim is heing made indicates that:

................................................................................

.......................

Statethe basis of your claim

Thsammdment(s) required idare:

................................................................................

....................

me anndntion(r) required idarc: (slate the information wh~h would render thedocumenr described at 5 above, complete, correct, up lo dole or not mislralng andartoch the rtoternent. .s,,rned byyou. to thir opplicalion).

Nole: Please sxbrnlt any donrmmts/evidence in support ofthe amendmenVcnnototionrequested.

....................................................................... Date ...

...........................................

Signalure ofApplIcant

Nore Re~ponslbleOficers shouldcomplete a Memorandum ofAnesranon & Ver,ficotlon lfanApplicaHon ir completed hy hrm/her on behalfof rheApp11canr

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ACCESS TO INFORMATION

THE ACCESS TO INFORMATION ACTREGULATIONS(under section 37)

THE ACCESS TO INFORMATION (COSTOF REPRODUCTION OF OFFlClAtDOCUMENTS) 2003

REGULATIONS,

L.N.412004(hiadt.by theMinrster on ihe 5th day ofDecember, 2003)

1. These Regulations may be cited as the Access to Information (Cost ofReproduction of Official Docun~ei~ls)

Regulations, 2003.

2. The corn of reproduction of an offkial document specified in theScheduleshall be payable by an applicant. S~hadulrSCHEDULE (Regulation 2)costFaRAnPhotocopy $lO.UO per pageTrnnsnipt $60.00 per pageComputer print out $10.00 per pagePhotographsBlack and White

5"a 7-8% 10"1 I"x 14"16"nZO"Cdour5"x 7" S300.00sx 10" S400.W11"x 14" $2,000.0016"s20 S3.000.WAudio cassdte $300.00 per cassdtevideo casntc $500.00 per cassdteDiskene $20.00 per di&neCompad disc $35.00 per discPsprrto Braille S60.00 per Braille pageDiskene to Braille $40.00 per Braille pageMicrofilm duplication (35mm) $L,500.W per mll of l00flmimofilm; minimum der oflo fl at a cost of $LSO.OOMimofilm duplication (16mm) $380.00 perroll afIO0fl miao-film; minimum order of IOfl ata cosl of $38.UOMicrofilm print out $20.00 psr pap

(The intludon of this page ir ruthwimd by L.N.18*1200111

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ACCES TO NFOIWATIOh

THEACCESS TO INFORMATION ACT

RULES(by paragraph 12 ofthe Second Schedule)

THE ACCESS TO INFORMATION (APPEAL RULES, 2005

TRIBUNAL)(Made by the Appeal Tribunal on the 20th day ofJuly, 2005)

1. These Rules may be cited as the Access to Information (AppealTribunal) Rules, 2005.2. In these Rules-"Appeal Tribunal" means the Tribunal constituted under the Second

Schedule to the Act;"notice of hearing" means the notice of hearing under rnle 6;

''party" means any person appealing a decision of a public authority inrelation to an application for access to information and the publicauUlority whose decision is being appealed.

3.+1) An appeal pursuant to section 32 of the Act shall be commencedby notice of appeal in writing addressed to the chairman of the AppealTribunal in the form set out as Form 1in the Schedule.

(2) The notice of appeal shall be lodged with the Appeal Tribunal-(a)

within sixty days after the date of notification to the appellant ofthe relevant decision or of the decision taken on an internalreview; or(b)where no notification has been given within the period requiredby the Act, within sixty days after the expiration of that period.(3) The date of appeal shall be the date when the notice of appeal islodged with the Appeal Tribunal.4. Upon receipt of a notice of appeal, the Appeal Tribunal shall-(a) cause a receipt in acknowledgment thereof to be issued to theappellant;(b)cause to be issued to the public authority whose decision is beingappealed copies of the notice of appeal and any supportingdocuments lodged by the appellant.5. The Appeal Tribunal may, before fixing a date for the hearing of anappeal, require the parties to supply such additional information or docu-ments relating to the appeal, as it thinksfit.6.-(1) The Appeal Tribunal-

(a) may fix a date, time and place for the hearing of an appeal; andlThe inclusion of this page is authorized hy L.N. l8d10081

I.N. ~RIZOOSCi"l"".

~ntap~t~n~~.

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:sot

Schedule.

hrm 1.

AF~I~WI~~~.

me,,, ormke

Ad&ho"al

,,,formation

Noh-of

hearing

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Appli~tionforruonrid.eration.

THE ACCESS TO INFORMATION (APPEAL TRIUNAL) RULES, 2005

(6) shall cause to be served a notice of hearing, informing the partiesand any attorney-at-law representing a party of the date, time andplace so fixed and ofthe list of documents required under rule 7.(2) A notice of hearing shall be served not less than fourteen daysbefore the date fixed for the hearing of the appeal (hereinafter called thehearing date).7.41) A notice of hearing shall require each party to provide to theAppeal Tribunal and to every other party a list of all documents on which theparty proposes to rely.

(2) The lists shall, unless otherwise ordered by the Appeal Tribunal,be provided by the parties at least ten days before the date fixed for the

hearing.8.41) Each party may inspect the documents included in the listprovided by any other party.

(2) A copy of any document included in the list of a party shall, onthe application of the party requiring it, be provided to that party by the otherwithin three days after the receipt of the request.9. The Appeal Tribunal may on the hearing date, upon proof of service ofthe notice of hearing, proceed to hear and determine the appeal not-withstanding that any or all of the parties fail to appear at the hearing.10.41) Where the Appeal Tribunal has proceeded in the absence of anyor all of the parties, a party may, within one month from the pronouncement

of the findings and order, apply to the Appeal Tribunal for a reconsiderationof the matter upon giving notice to every other party.

(2) The Appeal Tribunal, after reviewing an application before it,and in any case where it is satisfied that the matter should be reconsidered,may-(a)make any decision which had been or could have been made on theoriginal application;(b)grant the application upon such terms as to costs or otherwise, as itthinks fit, so, however, that the Tribunal shall not nullify acertificate issued under section 23.(3) Upon the reconsideration of an appeal, the Appeal Tribunal mayamend, vary, add to or reverse its findings or order made on or in relation tothe hearing.11. Each party shall be entitled to appear before the Appeal Tribunal inperson and may be accompanied and represented by an attorney-at-law.12. At the hearing of the appeal, the Appeal Tribunal shall enquire intothe grounds of appeal and may-IT* Inclusion of this pate 11 authorized by L.N. 18fl0081

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TKEACCESS TOINFORMATION (dpE.4~TRIBUNAL) RULES, 22005 19

(a)hear evidence fromthe parties and any witness; and(b)seek the advice of any person who, in the opinion of the Appeal

Tribunal, is able to assist the Appeal Tribunal in its deliberations.13.41) Subject to paragraphs (2) and (3), the Appeal Tribunal may, inits disrretion, either as to the whole case or as to any particular fact or facts, bYafSdnvit.proceed and act upon evidence given by affidavit.

(2) Unless the Appeal Tribunal is satisfied that-(a)the affidavit is purely formal; and(b)requiring thc attendance of the deponent is made with the soleobject of causing delay, any party may require the attendance

upon .subpoena of any person who has sworn an affidavit in thcmatterfor the purpose of giving oral evidence.(3) Where evidence is to be given by aBdavif the affidavit shall bedelivered to the Appeal Tribunal not later than ten days before the hearingdate.(4) Where a party's evidence is to be given orally at the hearing ofthe appeal, notice of such evidence shall be given by the patty to the AppealTribunal not later than ten days before the hearing date.14. A subpoena issued under rule 13 shall be in the form set out as Form :z2 or in the fonn set out as Fonn 3 in the Schedule, as may be appropriate in P-2.the parti& circumstances, with such variations as thecase may require. P-3.15.-41) Subject to paragraph (2), the Appeal Tribunal may, before the

;Qzatof

conclusion of its hearing-

(a)adjm the proceedings; and(b)set another date for continuation.(2) The Appeal Tribunal may of its own motion or upon theapplication of any party, adjourn the hearing upon such tams as to costs, or 'otherwise, as appear just to the Appeal Tribunal.16. The Appeal Tribunal's decision shall be in writing and shall be sent ts&imto the parties not lata than twenty-one days afler the decision. t~as~wrians.17. Unless it otherwise decides, the Appeal Tribunal shall wnduct its FdTschearing in public and ensure that its decisions are published in the Gazeffe orin a daily newspaper circulating in Jamaica.18.41) Notes of all proceedings shall be taken by the Appeal Tribunal Y2z.Fand any party who has appeared in the proceedings shall be entitled to inspectthe original or a copy thereof.

(2) Every party entitled to be heard upon an appeal against adecision of the Appeal Tribunal shall be entitled to a copy of the notes ofappeal on payment of such charges as may, fromtime to time, be prescribedIThe lnelurlon of this page 1s ruthorid by L.N. 18d10081

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THEACCESS TO NFORMATION (APPWIL TRIBI,NAL)RULES, 2005

uuder the Act for the rcproduction of official documents.

19.-(I) Service of any notice or documents required by these Rules maybe effected by personal delivery or by registered post addressed to the party

concerned at his last known place of abode or business and proof that such aletter was so addressed and posted shall be proof of service.

(2) Any notice or document required to be given or signed by theTribunal may bc gwen or signed by an authorized oficer or by any personduly authorized by the Appeal Tribunal.20. The Appeal Tribunal shall meet at such times and places as it shalldetermiue.21. Notwithstanding anythiug to the conttary in these Rules, the AppealTribunal may extend the time for doing anything under these Rules.22.-(1) All affidavits submitted to the Appeal Tribunal shall be filed andkept by the Appeal Tribunal.

(2) The Appeal Tribunal may order that any books, papers or otherexhibits produced or used at a hearing shall be retained by the Tribunal untilthe time for appealing the decision has expired and, if notice of appeal isgiven, until the appeal is heard or otherwise disposed of.23.-(1) If it appears to the Appeal Tribunal that-

(a)the facts of two or more appeals before it are similar;(h)it is convenient to the parties;(c)some common issue of law or fact arises in both or aU of the

appeals;(d)no prejudice will result from consolidating the appeals; and(e)the requisite notice is given,the Appeal Tribunal may order that the appeals be consolidated.

(2)' Subject to paragraph (I), the Appeal Tribunal shall give theparties an opportunity to show cause why any appeal should not beconsolidated.

24.41) Where, at any stage of the proceedings, an appeal is found to beunfounded and frivolous or vexatious, the Appeal Tribunal may dismiss theappeal forthwith.

(2) In making a decision under paragraph (I), the Appeal Tribunalshall consider the nature of any injustice or abuse of administrative process,including but not limited to the nature, content, language or subject matter0C[The i~hwianor lhir page is authorized by L.N. 18d10081

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THEACCESS n?INFORJdATION OlpPE4L TRIBUhXL)RULES 2W5

(a)the request for access or the appeal;(b)any prior or wntemm requests or appeals by the I#nty

(0)other verbal and written wmmuni~onsto any agency Or anyofficial of any agency from the party makingthe request orWgthe appeal25. The appellant, while an appeal ispending may,at any time, withdraw zgthe appeal by forwarding to the Appeal Tribunal a noti= of withdrawals~gnedby the appellant and the AppealTribunal shallforthwith inform everyother par@of the withdrawal.

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THE ACCESS TO /;1FORMATION (APPEAL TRIBWAL) RULES, 2005

SCHBDILE (Rules 3 and 14)FORM INoece ofAppeal(RnE3(1))

IN THE MAlTXR OF THE ACCESS TO INFORMATION ACT

BBTWBWI........................................................................................

APPELLANT

(imerf name of appellant)AND...............................................................................................

DEFBNDANT

(insen name ofpublic authonly)

TOTHE APPEAL muNAL:TAKE NOTICE

tha

@ll name of appellanf,

................................................................................

..................................

ocnrpotion, addres~)appeals against the decision of [ ...............................................................................................................................................................

] contained in a decision(menname ofpublic aufhorify)

dated ...............................................

a copy of which is attaohed to this Notice.(insert dafe)me details of the decision appealed are: ........................................................

'l%e Appellant challengesthe following findings of fact and ofthe law-

(i)Findings of fact: @lease indicate fhe nahm of fhe origirrl requerf for

information and the decision. f known, and dafe of decisions of fhe publicouthority)(ii)

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'l%e grreversed)

(1)(ii)(iii)

(iv) ...................,....................................................Lisl of relevant documents:and correspondence to be used (if any):Number and nmer of witnesses (if any):

IThe inciuriaa of this ,page is authorized by L.N. 18*120081

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THE ACCESS TO INFORMATION (APPIAL TRlBlINAl,)ROI,~X, 2003

FORMI. conld

(6) kgal Reprcrentolivcs (if any):(mndicofe fhe nonr(s) and oddress(es) of tha perso@) who WII makc

reprerenrorlonson he aypellorrr '3 bahalfl.. ... ............................................

(7) 1request an early hearing: 0ymnu

If yes, statereasons for request:

(8) Set out arty spcs~lic puwcr whioh tho Appeal Tribunal is heing askedtu exercise:1 certi* that all facts set out in this Notice of Appeal are true to the best of

my knowledge,information and bcKeE

Dated the day of ,20 .

.............................

Appcllaru's Signature

Filed by (specify name and address, fa* e-meil, of appellant or Attorney-at-Lawfiling theducument).

(The inrlrrion of thic page is auihorimd by L.N. l8d20081

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THEACCESS TO INFORMATION (APPEAL TRIBUNAL)Rum,2003

FORM 2Order lo Testifl

(RULE 14)

IN THE MATTER OF THE ACCESS TO INFORMATION ACT

AND......

.... .........................stAccess tolnfomion Act

To: ..........................................................................................................

(msert name and address ofpropsed wmess)

WE COMMAND YOU to attend before the Appeal Tribunal constituted under the

........................................

(tnserl location)

on the ..................davof .......................at the hour of ........................................o'clock in the ...............nwn,and so Born day to day until the Appeal in theabove mane1is

heard, to give cvidmoe on behalf of ......................................................................

...............................................................

(nameof appelhnt/de$endanr)

Dated the day of ,20 .

The officesof the Appeal Tribunsl is situated at 5 South Odeon Avme, Kingston10,hm*u

W.I. telephone (876) 968-3166,968-8282. Fax906-4667. Pleare address all cmesponLncatothe Appeal Tribunal to the Chairman.IThr lneludon of thin page Is autbrlzed by L.N. 18*n0081

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THEACCESS TOINFORMATION (APPEALTRIBUNAL)RULES,2005

FORM 3

Order to ProduceDocummts

(RULE 14 )IN THE MATTER OF THE ACCESS TO INFORMATION ACTAPPEALNO. 120

BETWEEN........................................................................................APPELLAWI

(insert name ofappellonl)

.AND ................................

(insert name ofpublic outhoriry)

TO: ..............................................................................

(mserr name and addresr ofperson)

WE COMMAND YOU to anend bsfme the Appeal Tribuml oonstituted undersection 32 of the Access to Infarmatiun Acl at ........................................................

(mmt location)

on the ..................day of.. .............................................at ...............

20 .............

(rime)

o'clock in the foreiaflernoo~ and so from day to day wil the Appeal in the above mailer is heard, to give evidence on behalf of

(name of applicant or re~pnd~t)

and alao to bring with you and produce at the time and place in this Notice thefollowingdocuments: (inwrt /,st of documents required as evidence)

Dated the day of ,20

...................................................

ChairmM,

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Appeal Tribuml

'lhc Sccreunat 01 the Appcel Tribunal s sltuatcd at 5 South Odaon Avenue, Kingsfon 10,Jamslca W I telephunr (876) 968-3166.968-8282. Fax 906-4667 When mnuponhng with

the ~ppeal Tribunal, please address fomw or lenen, to the Chahman and quMe the referencenumb& of the appeal

IThe inclusion of this page is sulhorlmd by L.N. 18d10081

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