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PAIA / Sections / Section 77K
Section 77K

Non-compliance with Enforcement Notice

Part 4 · Appeals Against Decisions · Chapter 1A, Complaints to Regulator

An information officer of a public body or head of a private body who refuses to comply with an enforcement notice referred to in section 77J, is guilty of an offence and liable upon conviction to fine or to imprisonment for a period not exceeding three years or to both such a fine and such imprisonment.

offenceenforcement noticeimprisonmentpenalty
Beyond the text

What this means in practice

  • This gives the enforcement notice teeth: refusing to comply is a criminal offence, punishable by a fine, up to three years' imprisonment, or both.
  • PAIA non-compliance is no longer just a civil inconvenience, it can be personal criminal liability for the officer or head.
Relevant tool

PopiGuard helps make sure enforcement notices are actioned, keeping your information officer out of personal jeopardy.

See PopiGuard →