Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) An agency or Minister may refuse to grant access to documents in accordance with a request without processing the request if—
(a) the request is expressed to relate to all documents, or to all documents of a stated class, that contain information of a stated kind or relate to a stated subject matter; and
(b) the agency or Minister is satisfied that the work involved in giving access to all documents to which the request relates would substantially and unreasonably—
(i) divert the resources of the agency from its other operations; or
(ii) interfere with the performance by the Minister of his or her functions.
(2) In deciding, for subsection (1), whether to refuse to grant a request, the agency or Minister—
(a) must have regard to the number and volume of the documents and the resources that would have to be used in—
(i) identifying, locating and collating the documents (including documents held in the Minister's office or by contractors outside the agency); and
(ii) examining the documents and consulting on the documents with any entity in relation to the request; and
(iii) copying the documents; and
(iv) preparing an itemised schedule of the documents; and
(v) notifying the applicant of any interim or final decision on the request; but
(b) must not have regard to—
(i) any fee or charge payable for processing the request; or
(ii) any reason that the person requesting access gives for requesting access; or
(iii) the agency's or Minister's belief as to the person's reasons for requesting access.
(3) Subsection (2) (a) does not limit the matters the Minister may have regard to.
(4) Where, in respect of a request of a kind referred to in subsection (1) (a), it is apparent from the nature of the documents as described in the request that all of the documents to which the request is expressed to relate are exempt documents and that no obligation would arise under section 21 in relation to any of those documents to grant access to a copy of the document with deletions, the agency or Minister may refuse to grant access to the documents in accordance with the request without having identified any or all of the documents to which the request relates and without specifying, in respect of each document, the provision of this Act under which that document is claimed to be an exempt document.
(5) An agency or Minister shall not refuse to grant access to a document in accordance with a request—
(a) on the ground that the request does not comply with section 14 (2); or
(b) in accordance with subsection (1);
without first giving the applicant a reasonable opportunity of consultation with a view to the making of the request in a form that would remove the ground for refusal.