Access to Information Orders

Decision Information

Summary:

This order sets out my decision on the request for reconsideration of Order P-1505.
Subsequent to the issuance of Order P-1505, I received a letter from the appellant requesting that I reconsider my order on the grounds that:

• the records do not contain personal information

• an agreement between the appellant and the affected person permits disclosure of the record

• the record is in the public domain

The IPC’s policy on reconsideration provides as follows:

A decision maker may reconsider a decision where it is established that:

(a) there is a fundamental defect in the adjudication process;

(b) there is some other jurisdictional defect in the decision; or

(c) there is a clerical error, accidental error or omission or other similar error in the decision.

A decision maker will not reconsider a decision simply on the basis that new evidence is provided, whether or not that evidence was obtainable at the time of the decision.

In assessing the merits of the request for reconsideration I have taken into account the policy and all of the circumstances of this case.

In my view, the request for reconsideration does not fit within any of the grounds for reconsideration set out in the policy. Accordingly, I have decided to decline the request.

Decision Content

Reconsideration Order R-980004

 

Appeal P-9700207

 

Order P-1505

 

Ministry of Health


This order sets out my decision on the request for reconsideration of Order P-1505.

 

Subsequent to the issuance of Order P-1505, I received a letter from the appellant requesting that I reconsider my order on the grounds that:

 

           the records do not contain personal information

 

•           an agreement between the appellant and the affected person permits disclosure of the record

 

⊊⊊⊊⊊⊊ ∙           the record is in the public domain      

 

The IPC’s policy on reconsideration provides as follows:

 

A decision maker may reconsider a decision where it is established that:

 

(a)        there is a fundamental defect in the adjudication process;

 

(b)        there is some other jurisdictional defect in the decision; or

 

(c)        there is a clerical error, accidental error or omission or other similar error in the decision.

 

A decision maker will not reconsider a decision simply on the basis that new evidence is provided, whether or not that evidence was obtainable at the time of the decision.

 

In assessing the merits of the request for reconsideration I have taken into account the policy and all of the circumstances of this case.

 

In my view, the request for reconsideration does not fit within any of the grounds for reconsideration set out in the policy.  Accordingly, I have decided to decline the request.

 

 

 

 

 

 

 

Original signed by:                                                                                January 27, 1998                     Marianne Miller

Inquiry Officer

 

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