New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 45

45 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 records that are not held by the agency-of the fact that the agency does not hold such records.

(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 amendment of the agency’s records is refused:

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

(ii) the reasons for the refusal, and

(iii) 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

(iv) 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

(v) the procedures to be followed for the purpose of exercising those rights.

(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.