Children and people with intellectual difficulties

There are no age or intellectual capacity limits on who may make an application under the FOI Act. Additionally, an application can be made on behalf of a child or a person with intellectual difficulties by an appropriate representative (e.g. guardian - see section 98).

A representative of a child or a person with intellectual difficulties may also be contacted by an agency if the agency is considering giving access to information about the child or the person with intellectual difficulties (section 32).

An agency may decide to refuse access to personal information about a child or a person with intellectual difficulties where the agency considers this would be in the best interests of the person (sections 23(4) and 23(5)).

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Related information


Relevant sections of the FOI Act

Section 23, 32 & 98