Australian Capital Territory Consolidated Acts

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FREEDOM OF INFORMATION ACT 1989 - SECT 18

Time within which requests to be decided

    (1)     If a request for access to a document that is made to an agency or Minister—

        (a)     is expressed to be made under this Act; and

        (b)     is sent by post to the agency or Minister, or delivered to an officer of the agency or a member of the staff of the Minister, at the appropriate address of the agency or the Minister;

the agency or Minister shall take all reasonable steps to ensure that—

        (c)     the applicant is notified of the day on which the request was received by or on behalf of the agency or Minister as soon as practicable but in any case not later than 14 days after the day on which it was so received; and

        (d)     the applicant is notified of a decision on the request (including a decision under section 20 to defer the provision of access to a document) as soon as practicable but in any case not later than 30 days after the day on which the request is received by or on behalf of the agency or Minister.

    (2)     A Minister may, in relation to the Minister or an agency, state, in writing, an address (the appropriate address ) as the address to which requests made under this Act may be sent or delivered under this section.

    (3)     A statement under subsection (2) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act 2001 .

    (4)     The period of 30 days mentioned in subsection (1) (d) must be extended by 30 days if the agency or Minister to whom the request was made determines, in writing, that the requirements of section 26, 27 or 27A make it appropriate to extend the period.

    (5)     Where an agency or a Minister makes a determination in writing under subsection (4) in relation to a request, that agency or Minister shall, as soon as possible, inform the applicant of the extension.



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