Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Subject to this section, where—
(a) a request has been made to an agency or Minister in accordance with section 18; and
(b) the period of 30 days referred to in that section has expired or, if that period has been extended under section 18 (5), that period as so extended has expired; and
(c) notice of a decision on the request has not been received by the applicant;
the principal officer of the agency or the Minister shall, for the purpose of enabling an application to be made to the ACAT under section 60, be taken to have made a decision refusing to grant access to the document on the last day of that period.
(2) Where a complaint is made to the ombudsman under the Ombudsman Act 1989 concerning failure to make and notify to the applicant a decision on a request (whether the complaint was made before or after the end of the period referred to in subsection (1)), an application to the ACAT under section 60 of this Act by virtue of this section shall not be made before the ombudsman has informed the applicant of the result of the complaint in accordance with the Ombudsman Act 1989 , section 15.
(3) Where such a complaint is made before the end of the period referred to in subsection (1), the ombudsman may, after having investigated the complaint, if he or she is of the opinion that there has been unreasonable delay by an agency in connection with the request, grant to the applicant a certificate stating that he or she is of that opinion and, if the ombudsman does so, the principal officer of the agency or the Minister shall, for the purpose of enabling an application to be made to the ACAT under section 60, be taken to have made a decision refusing to grant access to the document on the day on which the certificate is granted.
(4) The ombudsman shall not grant a certificate under subsection (3) where the request to which the complaint relates was made to, or has been referred to, a Minister and is awaiting decision by the Minister.
(5) Where, after an application has been made to the ACAT by virtue of this section but before the ACAT has finally dealt with the application, a decision, other than a decision to grant, without deferment, access to the document in accordance with the request is given, the ACAT may, at the request of the applicant, treat the proceedings as extending to a review of that decision in accordance with this part.
(6) Before dealing further with an application made by virtue of this section, the ACAT may, on the application of the agency or Minister concerned, allow further time to the agency or Minister to deal with the request.