New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 56

56 Delayed determinations

(1) This section applies to a determination that, by virtue of section 24 (2), 34 (6), 43 (2) or 47 (6), is to be taken to have been made by an agency or Minister.

(2) If a review application is made in relation to a determination to which this section applies, the Tribunal may, on the application of the agency or Minister concerned, make an order allowing further time to the agency or Minister to deal with the access application to which the determination relates.

(3) Such an order may be made subject to such conditions as the Tribunal thinks fit, including a condition that:

(a) if a determination to give access to the document concerned is made during the further time allowed by the order:

(i) any charge that would otherwise be payable in relation to the giving of access to the document is to be reduced or waived, and

(ii) the review applicant may apply to the Tribunal for an order that the applicant’s costs in the proceedings for review are to be paid by the agency or Minister concerned, or

(b) if a determination to amend the records concerned is made during the further time allowed by the order the review applicant may apply to the Tribunal for an order that the applicant’s costs in the proceedings for review are to be paid by the agency or Minister concerned.

(4) If:

(a) a review application is made to the Tribunal in relation to a determination to which this section applies (being a determination referred to in section 24 (2) or 34 (6)), and

(b) the agency or Minister makes a decision, before the Tribunal has disposed of the review application, that:

(i) access to the document concerned is to be given to the review applicant, but subject to deferral, or

(ii) the document concerned is an exempt document and access to a copy of the document from which exempt matter has been deleted is to be given to the review applicant, or

(iii) access to the document concerned is to be given, but subject to a charge for dealing with the application, or for giving access to the document, that the review applicant considers to be unreasonable, or

(iv) a charge for dealing with the application is payable by the review applicant, being a charge that the applicant considers to have been unreasonably incurred,

the Tribunal may, on the application of the review applicant, deal with the review application as if the decision were a determination under section 24 (1) and as if the review application were a review application against such a determination.