Right to Access Information Act, 2013 (No. 2 of 2013)

8. Proactive publication. Protection of 51. No suit, prosecution or other legal proceeding shall lie 9. Approval of publication schemes. bona fide against any person for anything which is done in good faith or actions. 10. Model publication schemes intended to be done under or pursuant to this Act. 11. Other proactive obligations. Passed in Parliament this 29th day of October, in the year of our Lord two PART III–EXEMPT INFORMATION thousand and thirteen.

12. Exempt information. IBRAHIM S. SESAY, Clerk of Parliament. 13. Refusal of request.

14. Information accessible by other means. THIS PRINTED IMPRESSION has been carefully compared by me with the Bill 15. National security and defence. which has passed Parliament and found by me to be a true and correct printed copy 16. International relations. of the said Bill. 17. Economic interests.

18. Investigations and law enforcement. IBRAHIM S. SESAY, 19. Third party information. Clerk of Parliament. 20. Client professional privilege.

21. Personal matters.

22. Commercial interests. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 62 OF 31ST OCTOBER, 2013.

23. Public economic interests. ii No. 2 Right to Access Information Act 2013

24. Historical records.

25. Customary rites and usages. SIGNED this 31st day of October, 2013.

26. Severability. PART IV–MEASURES TO PROMOTE OPENNESS DR. ERNEST BAI KOROMA,

27. Maintenance of records. President.

28. Appointment and training of public information officers.

29. Development of information communication facilities. PART V – ADMINISTRATIVE PROVISIONS

30. Establishment of Commission.

31. Composition of Information Commission.

32. Functions and powers of Commission.

33. Powers relating to investigation.

34. Other staff.

35. Duties of Executive Secretary.

36. Protection of officers.

37. Independence of Commissione etc. PART VI–FINANCIAL PROVISIONS No. 2 2013

38. Funds of Commission. LS

39. Accounts and audit.

40. Financial year.

41. Annual report of Commission. Sierra Leone PART VII–APPEALS

42. Complaint.

43. Review by Commission.

44. Burden of proof. The Right to Access Information Act, 2013. Short title.

45. Review of decision.

46. Appeal to High Court Being an Act to provide for the disclosure of information held by public authorities or by persons providing services for them PART VIII–OFFENCES AND PENALTIES and to provide for other related matters.

47. Offences.

48. Other Offences. PART IX–MISCELLANEOUS PROVISIONS [ ] Date of com- mencement.

49. Regulations.

50. Whistleblower protection. ENACTED by the President and Members of Parliament in this

51. Protection of bona fide actions. present Parliament assembled. 2 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 3 PART 1–PRELIMINARY “private body” means a natural person who carries on a trade, business or profession, but only in such Interpretation. 1. In this Act, unless the context otherwise requires– capacity or a partnership or juristic person which carries on a trade, business or profession, but does “Commission” means the Information Commission not include a public authority; established by section 30; “public information officer” means a person appointed under section 28- “fees notice” means a notice in writing stating that a fee of an amount specified in the notice is to be “public authority” includes any body– charged by the public authority for complying with Act No. 6 (a) established by or under the Constitution of section 2. of 1991. Sierra Leone 1991; (b) established by statute; “historical record” means a record which was created (c) which forms part of any level or branch of twenty or more years before the coming into Government; operation of this Act; (d) owned, controlled or substantially financed by funds provided by Government; “information” includes any material regardless of its (e) carrying out a statutory or public function; physical form or characteristics, such as a book, or plan, map, drawing, film, microfiche, diagram, pictorial (f) a body or organisation that receives monies or graphic work, data, photograph, recording, audio on behalf of the people of Sierra Leone; or video-tape, machine-readable material or any other “publish” means to make available in a form generally information held in electronic form, and also includes accessible to members of the public and includes any sample, work, model or copy thereof; print, broadcast and electronic forms of information dissemination; “Minister” means the Minister responsible for information; PART II–THE RIGHT TO INFORMATION “official” means any person employed by a public 2. (1) Every person has the right to access information held Access to information. by or is under the control of a public authority. authority, whether permanently or temporarily and whether part-time or full-time, and includes (2) Every person has the right to access information held consultants working directly as individuals for the by or is under the control of a private body where that information is authority; necessary for the enforcement or protection of any right. “personal information” means information about an (3) Nothing in this Act limits or otherwise restricts the identifiable individual which contains intimate disclosure of or the right to access, information pursuant to any details in respect of which that individual has a other enactment, policy or practice. reasonable expectation of privacy; (4) Any person making a request for information to a public authority shall be entitled– 4 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 5 (a) to have the public authority confirm or deny (a) contact details; and whether it holds information of the description specified in the request; and (b) sufficient particulars for the public information officer or any other official to understand (b) where the public authority holds information what information is being requested. of the description specified in the request, to have the information communicated to (4) A public information officer who receives an oral that person request shall reduce the request to writing, including the public information officer’s name and designation and shall give a copy (5) A public authority shall be deemed to have complied thereof to the applicant. with subsection (4) if it has communicated the information to the applicant. (5) Notwithstanding subsection (3), an application may, (6) In this Act, the duty of a public authority to comply if the applicant is unable to communicate in English, be made in any with paragraph (a) of subsection (4) shall be referred to as “the duty other local language in use in Sierra Leone: and in that event the to confirm or deny”. public information officer to whom the application is made shall arrange for a translation of the application into English. Submission 3. (1) A request for information under section 2 shall– and form of request. (6) Where a request for information does not comply with (a) be made in writing; subsection (3), the public information officer who receives the request shall render such reasonable assistance, free of charge, as may be (b) describe the information requested; and necessary to enable the request to comply with that subsection. (c) provide an address, which may be an email, for purposes of correspondence. (7) A request referred to in subsection (6) shall not be deemed to have been rejected while assistance is being rendered. (2) For the purposes of paragraph (a) of subsection (1), a request shall be deemed to be made in writing where the text of the (8) A public authority may determine the form for requests request– for information, but the form shall not be such as to unreasonably delay requests or place an undue burden upon applicants; and no (a) is transmitted by electronic means; application may be rejected on the ground only that the applicant has not used the prescribed form. (b) is received in legible form; and (9) A public authority which receives a request for (c) is capable of being used for subsequent information shall provide the applicant with a receipt documenting reference. the request. (3) An application to access information shall be made (10) A public authority shall record and maintain records in English or Krio by email, fax, post, telephone or by any other of all requests for information and all public transactions in a manner medium provided that the applicant provides– that facilitates the right to information. 6 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 7 Time limit 4. (1) Subject to subsection (2), section 2 shall be complied (2) Where a fees notice has been given to the applicant, for com- pliance. with as soon as possible, and in any event within fifteen working the public authority shall not be obliged to comply with section 2 days of receipt of the application. unless the fee is paid within the period of three months beginning on the day on which the fees notice is given to the applicant. (2) Where the information sought concerns the life or liberty of a person, section 2 shall be complied with within forty- (3) Subject to subsection (5), any fee under this section eight hours of receipt of the application. shall not exceed the reasonable, cost-based amount for reproducing and sending the information to the applicant, and shall be in (3) Where an application is especially complex or relates accordance with any Regulations made by the Minister under this to a large volume of information, the public authority may request Act. the Commission for an extension of not more than fifteen working days. (4) Regulations made by the Minister under subsection (3) may, in particular, provide that no fee shall be payable under this (4) Any failure to conform to the timelines set out in this section in the following cases:– section shall be deemed a refusal of the request, for purposes of complaints and appeals. (a) where the applicant falls below a certain income level; Transfer of 5. (1) Where a public authority does not hold information application. which is responsive to a request or part of a request, that request or (b) where the request is for personal information any relevant part of it may, not later than three days from the date of relating to the applicant; or its receipt, be transferred to another public authority if the information requested is held by that other public authority. (c) where the request is in the public interest, for example because the applicant intends to (2) Where an application is transferred under subsection make the information public. (1), the applicant shall be informed of the transfer immediately, and in any event not later than three working days from the date of the (5) Subsection (3) shall not apply where provision is made transfer. in any enactment as to the fee that may be charged by the public authority for the disclosure of the information. (3) A public authority to which an application is transferred under subsection (1) shall decide the request in 7. (1) Where, on making a request for information, the Communica- tion of accordance with the timelines set out in section 4, to run from the applicant expresses a preference for communication by any one or request. day upon which the public authority receives the transferred request. more of the following means:– Fees. 6. (1) A public authority to which a request for information (a) providing the applicant with a copy, certified is made may, within the time limit for compliance specified in section or otherwise, of the information in permanent 5, give the applicant a fees notice, stating that a fee of an amount form or in another form acceptable to the specified in the notice is to be charged by the public authority for applicant, such as an electronic form; complying with section 2. 8 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 9 (b) giving the applicant a reasonable opportunity (a) the particulars of its organization, functions to inspect a record containing the information; and duties; (c) providing the applicant with a digest or (b) the powers and duties of its officers and summary of the information in permanent form employees; or in another form acceptable to the (c) the procedure followed in the decision applicant; or making process, including channels of supervision and accountability; (d) allowing the applicant to take notes, extracts and samples of any materials, (d) the norms set by it for the discharge of its functions; the public authority shall so far as is reasonable, give effect to that preference. (e) any guidance used by the authority in relation to its dealings with the public or with (2) A public authority shall not be required to comply corporate bodies, including the rules, with subsection (1) where to do so would– instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (a) be detrimental to the preservation of the record; (f) a guide sufficient to enable any person wishing to apply for information under this (b) unduly divert the resources of the public Act to identify the classes of information authority; or held by it, the subjects to which they relate or the location of any indexes to be consulted (c) breach a copyright not held by the public by any person; authority. (g) the particulars of any arrangement that (3) Where a public authority does not, pursuant to exists for consultation with or re- subsection (2), comply with any preference expressed by the applicant presentation by, the members of the public in relation to the formulation of in communicating the information, it shall– its policy or implementation thereof; (a) notify the applicant of the reasons for this; (h) a statement of the boards, councils, and committees and other bodies consisting (b) communicate the information to the applicant of two or more persons constituted as by any means reasonable in the cir- its part or for the purpose of advising it cumstances. with information as to whether meetings of those boards, councils, committees Proactive 8. (1) The following classes of information form the core and other bodies are open to the public, publication. proactive publication obligations for every public authority:– or the minutes of the meetings are accessible to the public; 10 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 11 (i) a directory of its officers and employees; (2) Every public authority shall adopt and disseminate widely, including on its website, a publication scheme which has (j) the monthly remuneration received by been approved by the Commission, within six months of the coming each of its officers and employees, into operation of this Act or its approval, whichever comes later. including the system of compensation; (k) the budget allocated to each of its (3) The publication scheme shall set out– agencies, including the particulars of all (a) the classes of records that the authority will plans, proposed expenditures and publish on a proactive basis; and reports on disbursements made; (b) the manner in which it will publish these (l) the manner of execution of subsidy records. programmes, including the amounts allocated and the details of beneficiaries (4) In adopting a publication scheme, a public authority of such programmes; shall have regard to the public interest– (m) particulars of concessions, permits or (a) in allowing access to the information it holds; authorizations granted by it; and (n) details in respect of the information (b) in making information available proactively available to or held by it, in an electronic so as to minimise the need for individuals to form; make requests for information. (o) the particulars of facilities available to (5) Every public authority shall publish information in citizens for obtaining information, accordance with its publication scheme. including the working hours of a library or reading room, if maintained for public (6) Every publication scheme shall, within seven years use; of the adoption of the first publication scheme by a public authority, cover all of the core proactive publication obligations set out in (p) the names, designation, contact details subsection (1). of its public information officers, appelate authorities and the particulars and contact details of the Commission; (7) Any person may institute proceedings in a court to compel the head of a public authority, to comply with this section. (q) a list of all applications under this Act received by the public authority, 9. (1) When approving a publication scheme, the Approval of including an indexed register containing Commission may provide that the approval will expire at a certain publication schemes. copies of records released in response time. to requests made under this Act other than records relating to the personal affairs of the applicant. 12 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 13 (2) When refusing to approve a publication scheme, the (d) unless there are good reasons to the Commission shall give reasons and provide reasonable direction to contrary, allow members of the public to the public authority as to how it may amend the scheme so as to attend its meetings at which decisions obtain approval. affecting them are made and shall give adequate notice of the meetings; (3) The Commission may, upon giving six months notice with reasons, withdraw its approval of any publication scheme. (e) upon signing a contract shall publish it in Model 10. (1) The Commission may adopt or approve model the Gazette, detailing at a minimum for each publication publication schemes for different classes of public authorities. contract– schemes. (2) Where a public authority in a certain class adopts a (i) the public works, goods acquired or model publication scheme which applies to that class of public rented, and the contracted service, authorities, it shall not require further approval from the Commission, including any sketches, scopes of but it shall inform the Commission that it is applying that model service and terms of reference; publication scheme. (ii) the contract sum; (3) The Commission may put a time limit on the validity of a model publication scheme or, upon giving six months notice to (iii) the name of the provider, contractor or all public authorities using it, terminate the validity of any publication individual to whom the contract has scheme. been granted; Other 11. (1) In addition to the items listed in its publication proactive (iv) the periods within which the contract obligations. scheme, a public authority shall also– shall be completed. (a) publish all relevant facts while formulating (2) It is the duty of every public authority to take steps in important policies or announcing the accordance with its publication scheme and the requirements of decisions which affect the public; subsection (1) to provide information proactively to the public at (b) provide to any person the reasons for any regular intervals through various media of communication. decision taken by it in relation to that person; (3) All materials shall be disseminated taking into (c) before initiating any project or formulating consideration the need to reach persons with disability, the cost, any policy, scheme, programme or law, local language and the most effective method of communication in publish or communicate to the public in that local area; and the information should be easily accessible and general or to the persons likely to be affected be available free or at cost, taking into account the medium used. by it in particular, the facts available to it or to which it has reasonable access which in (4) At a minimum, the material referred to in subsection its opinion should be known to them in the (1) shall be made available– best interests of natural justice and promotion of democratic principles; 14 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 15 (a) for inspection by any person without charge; (b) information is reasonably accessible if it is information which the public authority or any (b) by supplying a copy to any person on other person is bound by law to communicate; request for which a reasonable charge to cover the costs of copying and supplying them may (c) information which is held by a public authority be made; and shall not be regarded as reasonably accessible merely because the information is (c) on the internet, provided that the materials are held by the authority in electronic format. available from the public authority itself on request, unless the information is made PART III–EXEMPT INFORMATION available in accordance with the publication scheme referred to in section 8. Exempt 12. (1) Information is exempt information if its disclosure by information. a public authority is exempted under this Act. 15. The duty to disclose information shall not apply if, or to National the extent that, compliance with section 2 would or could reasonably security defence. and (2) Notwithstanding subsection (1), information shall not be expected to seriously prejudice national security and the defence be exempt where the public interest in accessing the information out- of Sierra Leone. weighs the harm which the exemption in subsection (1) seeks to prevent.

16. The duty to disclose information shall not apply if, or to International relations. Refusal of 13. A public authority which, in relation to any request for the extent that, compliance with section 2 would, or could reasonably request. be expected to seriously prejudice relations between Sierra Leone information, is to any extent relying on a claim that information is exempt information shall, within the time limits for complying with and any other state or inter-governmental body. section 2, notify the applicant in writing stating–

17. The duty to disclose information shall not apply if, or to Economic interests. (a) that the information is exempt; the extent that, compliance with section 2 would, or could reasonably be expected to seriously prejudice the ability of the Government to (b) the specific exemption in question; and manage the economy. (c) why the exemption applies. 18. The duty to disclose information shall not apply if, or to Investigations the extent that, compliance with section 2 would, or could reasonably and law enforcement. Information 14. (1) The duty to disclose information shall not apply if, or be expected to cause serious prejudice to– accessible by other means. to the extent that, compliance with section 2 would involve the disclosure of any information which is reasonably accessible to the (a) the prevention and detection of crime; applicant. (b) the apprehension and prosecution of (2) For the purposes of subsection (1)– offenders; or (a) information is reasonably accessible even (c) matters that are subjudice. though it is accessible only on payment, as long as the payment does not exceed the fees that would be applicable under this Act; 16 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 17 Third party 19. The duty to disclose information shall not apply if, or to that will or might be made available to the informatuion. the extent that, compliance with section 2 would, in relation to public; information obtained by the public authority from a third party, would or could reasonably be expected to constitute a breach of confidence (h) in the case of a deceased person, the actionable by that third party. applicant is the next-of-kin or represents the Client next-of-kin of the deceased;

20. The duty to disclose information shall not apply if, or to professional privilege. the extent that, compliance with section 2 would involve a breach of the rules governing legally privileged information. (i) the third party has been deceased for more than twenty years. Personal 21. (1) The duty to disclose information shall not apply if, or matters. to the extent that, compliance with section 2 would involve the 22. The duty to disclose information shall not apply if, or to Commercial interest. unreasonable disclosure of personal information concerning an the extent that, in relation to information obtained by the public individual. authority from a third party, compliance with section 2 would divulge (2) For the purposes of this section disclosure is not a trade secret or would or could really be expected to seriously unreasonable if– prejudice the commercial interests of that third party. (a) the individual to whom the information relates 23. The duty to disclose information shall not apply if, or to Public economic gives prior consent; the extent that, compliance with section 2 would or could reasonably interests. (b) the disclosure is required to promote public be expected to seriously prejudice the commercial interests of a public health or public safety; authority. (c) the disclosure is necessary in order to subject 24. (1) Access to a historical record shall not be denied under Historical public authorities and private bodies to public records. this Part unless the Commission certifies that there is an ongoing scrutiny; need for it to be kept confidential. (d) the disclosure is made to the individual to whom the information relates; 25. The duty to disclose information shall not apply if the Customary rites and information requested relates to any matter concerning the traditional usages. (e) the disclosure can reasonably be expected rites or customary usages of a group of people in Sierra Leone. not to have an adverse effect on the affairs of any person or prejudice the future supply of the information; 26. If a request for information relates to a record containing Severability. information which falls within the scope of an exception in this Part, (f) the information is already available to the any information in the record which is not subject to an exception public; shall, to the extent it may reasonably be severed from the rest of the (g) the individual to whom the information relates information, be provided to the applicant. was informed or made aware prior to supplying the information that the information belongs to a class of information 18 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 19 PART IV–MEASURES TO PROMOTE OPENNESS (6) An official other than a public information officer to whom a request for information is made under subsection (5), shall Maintenance 27. (1) Every public authority shall record and maintain refer the person seeking information to a public information officer of records. and, if no officer is immediately available, the official shall receive the records of its activities in a manner that facilitates the right to information, as provided for in this Act, and in accordance with the request and shall ensure that it is forwarded to the appropriate public Code of Practice referred to in subsection (2). information officer, who shall also issue a receipt for the request, indicating on it the official’s name, date and designation of receiving (2) The Commission shall, after consultation with the request. interested parties, issue and from time to time update a Code of Practice relating to the keeping, management and disposal of records, as well (7) A public information officer may seek the assistance of any other official that the officer considers necessary for the proper as the transfer of records to public archives. discharge of the officer’s duties, and the other official shall render the required assistance. (3) The Commission shall cause to be established a documentation centre to reflect and promote the history and culture 29. Public authorities shall develop, for the purposes of this Development of the State. Act, information communication technology units in accordance with of informa- tion com- the national information communication technology policy of Sierra munication Appointment 28. (1) Subject to subsections (3) and (4), a public authority and training Leone, to– facilities. of public shall appoint as many public information officers in all offices or information units as they have at the local, district, provincial and national levels (a) facilitate access to information; officers. as is necessary to enable it to provide information to persons requesting information under this Act. (b) ensure transparency and accountability; (2) Where for any reason, a public authority has not (c) improve record keeping; appointed a public information officer, the head of the public authority shall for purposes of this Act, be deemed to be the public information PART V–ADMINISTRATIVE PROVISIONS officer of that public authority.

30. (1) There is hereby established a body to be known as Establishment (3) A public information officer shall be the principal of Com- the Commission. mission. contact person within a public authority to deal with requests from persons seeking information from the public authority. (2) The Commission shall be a body corporate having perpetual succession, capable of acquiring, holding and disposing (4) A public information officer shall be of sufficient rank of property, being sued in its corporate name and subject to this Act within the public authority to be empowered to make binding decisions of performing all functions as bodies corporate may by law perform. in relation to information disclosure under this Act. (3) The Commission shall have a common seal the use of (5) Notwithstanding subsection (3), it is the duty of every which shall be authunticated by the signatures of the Chairperson official to provide reasonable assistance to a person seeking and any other member of the Commission generally or specifically information under this Act and no official may refuse to receive a authorised by the Commission for that purpose. request for information on the ground only that the official is not a public information officer. 20 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 21 (4) Every document purporting to be an instrument (a) monitor and report on the compliance by executed or issued by or on behalf of the Commission and to be public authorities with their obligations sealed with the common seal of the Commission in the manner stated under this Act; in subsection (1) shall be deemed to be so executed or issued without further proof unless the contarary is proved. (b) make recommendations for reform both of a general nature and specific public authorities; (5) In appropriate cases the seal may be affixed to documents outside Sierra Leone. (c) co-operate with or undertake training activities for public authorities on the right Composition 31. (1) The Commission shall consist of the Information to access information and the effective im- of plementation of this Act; Commission. Commissioner who shall be the Chairperson of the Commission and four other Commissioners representing each of the Provinces and (d) refer to the appropriate public authority, cases the Western Area. which reasonably disclose evidence of criminal offences under this Act; and (2) Members of the Commission shall be appointed by the President on the recommendation of the Minister and approved (e) publicise the requirements of this Act and by Parliament. the rights of individuals under it. (3) No person shall be appointed as a member of the (3) In the performance of its functions under this Act, the Commission if that person– Commission shall have the powers of a High Court to– (a) is an employee of a political party or holds (a) issue summons or other orders requiring the an elected or appointed position in central attendance of any person before the or local government; or Commission to give oral or written evidence and the production of any document or record relevant to any investigation by the (b) has been convicted of an offence involving Commission; fraud or dishonesty. (b) administer oaths; (4) The information Commissioner and the other members (c) examine any person in respect of any subject of the Commission shall hold office for a term of five years and shall matter under investigation before the be eligible for re-appointment to a further term of five years only. Commission; Functions and 32. (1) The Commission shall have all powers direct or (d) require any person to disclose any powers of incidental, as are necessary to undertake its functions under this information within the person’s knowledge Commission. relevant to any investigation by the Act, including the power to acquire, hold and dispose of property. Commission; and (2) Notwithstanding the generality of subsection (1), the (e) enter any premises occupied by a public Commission shall have power to– authority to carry out any investigation. 22 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 23 (4) The Commission may, if satisfied that there has been commits an offence and is liable on conviction in the case of an an infringement of the provisions of this Act, order– individual to a fine not exceeding ten million leones or in the case of a corporate body to a fine not exceeding one hundred million leones (a) the release of any unlawfully withheld or a term of imprisonment not exceeding one year or to both the fine information; and imprisonment. (b) the payment of compensation; or 33. (1) The Commission may, for the purpose of conducting Powers any investigation pertaining to an inquiry, utilise the services of any relating to investigation. (c) any other lawful remedy or redress. official or investigation agency of the Government and where an (5) A person or authority dissatisfied with an order made official is so utilised under this subsection, the Commission shall pay by the Commission under subsection (4) may appeal to the High the official or agency for the service rendered. Court within twenty-one days of the order. (2) For the purpose of investigating any matter pertaining (6) An order of the Commission under subsection (4) may to an inquiry, an official or agency whose services are utilised under be filed in the High Court by any party thereto in such manner as the subsection (1) may, subject to the direction and control of the Commission may, after consultation with the Chief Justice, prescribe Commission– and the party shall give written notice of the filing of the order to all (a) summon and enforce the attendance of any other parties within thirty days of the date of the filing of the order. person for examination; (7) If no appeal is filed under subsection (5), the party in (b) require the discovery and production of any favour of whom the order is made by the Commission may apply ex information; and parte by summons for leave to enforce such order as a decree and the order may be executed in the same manner as an order of the High (c) subject to this Act, requisition any public Court to the like effect. record or copy of the public record from any (8) A person who– official. (a) fails to attend before the Commission in (3) Paragraph (c) of subsection (8) of section 32 shall accordance with any summons or order apply in relation to any information given by a person before any issued under subsection (3) or (4); official or agency whose services are utilised under subsection (1) as they apply in relation to any statement made by a person in the (b) having attended before the Commission, course of giving evidence before the Commission. refuses to be sworn or to make an affirmation, or having been sworn or affirmed, refuses (4) The official or agency whose services are utilised without lawful excuse, to answer any under subsection (1) shall investigate any matter pertaining to the question or to produce any information; inquiry and submit a report on it to the Commission. (c) knowingly gives any false or misleading (5) The Commission shall satisfy itself on the correctness information to the Commission; or of the facts stated and the conclusion, if any, arrived at in the report submitted to it under subsection (4) and for that purpose, the (d) causes an obstruction or disturbance in the Commission may make such inquiry, including the examination of course of any proceedings before the any person or persons who conducts or assists in the investigation Commission, as it thinks fit. 24 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 25 Other staff. 34. (1) The Commission shall be assisted by a secretariat (b) grants, gifts or donations for the purposes consisting of the Executive Secretary, Finance Officer, Administrative of the Commission. Officer and such other additional technical and administrative staff, as may be required for the efficient performance of its functions under 39. (1) The Commission shall keep proper books of account Accounts and this Act. and proper records in relation to the accounts and shall prepare audit. within the period of three months after the end of each financial year, (2) The Executive Secretary, Finance Officer, a statement of its accounts in a form approved by the Auditor-General. Administrative Officer and such other technical and administrative staff, shall be appointed by the Commission, on such terms and (2) The books and accounts of the Commission shall each conditions as the Commission shall determine. year be audited by the Auditor-General or by an auditor appointed by the Auditor-General and a report of the audit which shall include Duties of 35. Subject to the general control of the Commission, the a copy of the audited accounts shall be submitted to the Commission. Executive Executive Secretary shall– Secretary. (3) For the purposes of subsection (2), the Auditor- (a) be responsible for the carrying out of the General or the auditor appointed by Auditor-General shall be entitled policy decisions of the Commission, the day- to have access to all books of accounts, vouchers and other financial to-day administration and management of the records of the Commission and to require such information and affairs of the Commission and the control of explanation on them as the Auditor–General may think fit. the other staff of the Commission; and (4) The Auditor-General shall submit to the Commission (b) perform such other duties as may be assigned a report on the audited accounts and shall, in the report draw attention by the Commission. to– (3) The Executive Secretary shall, unless in any particular (a) any irregularities in the accounts; case the Information Commissioner otherwise directs in writing, attend all meetings of the Commission. (b) any matters that are likely to adversely affect the operations of the Commission; and Protection of 36. No criminal or civil proceedings shall lie against the officers. Commission or other staff in respect of any matter or thing done in (c) any other matter which, in the Auditor– good faith in the performance of its or their functions under this Act. General’s opinion, ought to be brought to Independence the notice of the Commission.

37. The Commission and its authorised agents shall not in the of Commis- performance of their functions under this Act be subject to the sion. 40. The financial year of the Commission shall be the same as Financial directions or control of any person or authority. year. the financial year of the Government. PART VI–FINANCIAL PROVISIONS Funds of 38. The activities of the Commission shall be financed from 41. (1) The Commission shall, within three months after the Annual report Commission. end of the financial year, submit to the Minister a report on the of Com- funds consisting of– mission. performance of its functions during that year and on its policies and (a) moneys appropriated by Parliament for the programmes. purposes of the Commission; 26 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 27 (2) The annual report shall include the accounts and (c) failing to communicate information in the form annual financial statement prepared under section 39 and the report requested under this Act; of the audit on the accounts. (d) charging an excessive fee, contrary to section (3) The annual report shall also include an overview of 6; the performance of all public authorities in implementing this Act. (e) refusing to accept an application requesting (4) To enable the Commission to comply with subsection access to information; or (3), every public authority shall report annually to the Commission on the steps it has taken to implement this Act, including a report on (f) any other matter relating to a request for or the requests for information it has received and how these have been access to information under this Act. dealt with.

44. In an application made under section 43, the burden of Burden of (5) The Minister shall lay copies of the annual report proof shall be on the public authority to show that it acted in proof. before Parliament within two months after receiving the report. accordance with its obligations under this Act, (6) The Commission shall make copies of the report 45. (1) The Commission shall, on the receipt of an application Review of available to all stakeholders once it has been laid before Parliament. for review under section 43, as soon as is reasonably possible, and in decision. any case not later than fifteen days after giving both the complainant PART VII–APPEALS and the relevant public authority an opportunity to respond in writing, make an order– Complaints. 42. (1) A public authority may create an internal appeal mechanism which requesters may use, if they wish to complain that (a) rejecting the application; or they have not been provided with information in accordance with this Act. (b) requiring the public authority to take such steps as may be necessary to bring it into (2) An internal appeals mechanism created by a public compliance with its obligations under this Act, authority under subsection (1) shall be inexpensive, simple and shall including– require disposal of the appeal in not more than twenty-one days. (i) providing access to information; Review by 43. A person who has made a request for information to a Commission. (ii) providing access to information in a public authority and which has been refused may apply to the particular form; Commission for a review of the decision of the public authority and to ascertain whether the public authority failed to comply with an (iii) requiring a public or private body to obligation under this Act, including– compensate the complainant for any loss or other detriment suffered; or (a) refusing to indicate whether or not it holds a record, or to provide access to information, (iv) imposing a fine on the public authority. contrary to section 2; (2) The Commission shall serve a notice of its decision, (b) failing to respond to a request for information including any rights of appeal, on both the complainant and the within the time limits established in section public authority. 4; 28 No. 2 Right to Access Information Act 2013 No. 2 Right to Access Information Act 2013 29 Appeal to 46. The complainant or the public authority may, within forty- (2) Any person who without reasonable excuse, refuses High Court. five days, appeal to the High Court for a review of the decision of the to accept an application for information requested under this Act, Commission. commits an offence and is liable on conviction to a fine not exceeding ten million Leones in the case of an individual and one hundred PART VIII–OFFENCES AND PENALTIES million leones in the case of a body corporate or to a term of imprisonment not exceeding six months or to both the fine and Offences. 47. Any person who wilfully – imprisonment. (a) denies or obstructs the access of any other PART IX–MISCELLANEOUS PROVISIONS person to any record or information contrary to this Act; 49. (1) The Minister may after consultation with the Regulations. Commission by statutory instrument make Regulations for giving (b) obstructs compliance by a public authority effect to this Act. of any of its obligations under this Act; (2) Without prejudice to the generality of subsection (1), the Minister may, after consultation with the Commission, make (c) interferes with the work of the Commission Regulations prescribing the following:– or other officer of the Commission; (a) the form of training of information officers; (d) destroys a record with intent to deny access to a request made under this Act; or (b) the form of reports to the Commission under subsection (4) of section 41; (e) deliberately conceals or falsifies records or provides false, misleading, incomplete or (c) any notice required by this Act; inaccurate information in response to a request made under this Act, (d) any administrative or procedural matter necessary to give effect to this Act; commits an offence and is liable on conviction to a fine not exceeding (e) the manner in which fees are to be calculated ten million Leones in the case of an individual and one hundred and the maximum fee under section 6; and million leones in the case of a body corporate or to a term of imprisonment not exceeding one year to both the fine and (f) that no fee is to be charged in prescribed imprisonment. cases. Other 48. (1) Any person who without reasonable excuse, fails to 50. (1) No person shall be penalized in relation to any Whistleblower offences. supply information requested under this Act, within the period employment, profession, voluntary work, contract, membership of protection. specified in this Act, commits an offence and is liable on conviction an organization, the holding of any office or in any other way, as a to a fine not exceeding ten million Leones in the case of an individual result of having made or proposed to make a disclosure of information and one hundred million leones in the case of a body corporate or to which the person obtained in confidence in the course of that activity a term of imprisonment not exceeding six months or to both the fine if the disclosure is one which is in the public interest. and imprisonment. (2) Subject to subsection (3), subsection (1) shall only apply where the person believes on reasonable grounds that the information is accurate.