New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 28

28 Notices of determination

(1) An agency shall cause written notice to be given to the applicant:

(a) of its determination of his or her application, or

(b) if the application relates to a document that is not held by the agency-of the fact that the agency does not hold such a document.

(2) Such a notice shall specify:

(a) the day on which the determination was made, and

(b) if the determination is to the effect that access to a document is to be given (whether immediately or subject to deferral)-the amount of any charge payable in respect of the giving of access, and

(c) if the determination is to the effect that the document is an exempt document and that access is to be given to a copy of the document from which exempt matter has been deleted-the fact that the document is such a copy and the provision of Schedule 1 by virtue of which the document is an exempt document, and

(d) if the determination is to the effect that access to a document is to be given subject to deferral:

(i) the reason for the deferral, and

(ii) in the case of a deferral under section 26-the day on which the agency expects the document to be published, presented or submitted as referred to in that section, and

(e) if the determination is to the effect that access to a document is refused:

(i) the reasons for the refusal, and

(ii) the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based, and

(f) the amount of any charge for dealing with the application, together with:

(i) a statement of any amount payable by the applicant, or

(ii) a statement of any amount refundable to the applicant,

in relation to the charge, having regard to the sum of any advance deposits paid in respect of the application, and

(g) in the case of a determination of an amount referred to in paragraph (b) or (f) or a determination referred to in paragraph (c), (d) or (e):

(i) the name and designation of the officer by whom the determination was made, and

(ii) the rights of review and appeal, and the rights of complaint to the Ombudsman, conferred by this Act and the Ombudsman Act 1974 in relation to the determination, and

(iii) the procedures to be followed for the purpose of exercising those rights,

and shall be accompanied by the amount of any refund referred to in paragraph (f) (ii).

(3) An agency is not required to include in a notice any matter that is of such a nature that its inclusion in the notice would cause the notice to be an exempt document.