Australian Capital Territory Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 9

    (1)     If a document required to be made available in accordance with section 8, being a document containing a rule, guideline or practice relating to a function of an agency was not made available as referred to in that section, before the time at which a person did, or omitted to do, any act or thing relevant to the exercise of that function in relation to the person (whether or not the time allowed for publication of a statement in respect of the document had expired before that time), the person, if he or she was not aware of that rule, guideline or practice at that time, shall not be subjected to any prejudice only because of the application of that rule, guideline or practice in relation to the thing done or omitted to be done by the person if he or she could lawfully have avoided that prejudice had he or she been aware of that rule, guideline or practice.

    (2)     The reference in subsection (1) to the time at which a person did, or omitted to do, any act or thing relevant to the exercise in relation to the person of a function of an agency does not include a reference to a time before the end of the period of 12 months after the day on which the agency came into existence.