INFORMATION PRIVACY ACT 2009 - SECT 106
Applications where decision delayed
INFORMATION PRIVACY ACT 2009 - SECT 106
Applications where decision delayed
106 Applications where decision delayed
(1) This section applies if—
(a) an application is made to the information
commissioner for external review of a deemed decision in relation to an access
or amendment application; and
(b) the agency or Minister applies to the
commissioner to allow the agency or Minister further time to deal with the
access or amendment application.
(2) The commissioner may allow the agency or
Minister further time to deal with the access or amendment application subject
to the conditions the commissioner considers appropriate, including a
condition that the applicable access charge must be reduced or waived.
(3) If
the agency or Minister does not deal with the access or amendment application
and give the applicant for external review prescribed written notice of a
considered decision within the further time, the agency’s principal officer
or the Minister is taken, for the purpose of enabling a fresh external review
application to be made, to have made, on the last day of the further time, a
decision affirming the deemed decision.
