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INFORMATION PRIVACY ACT 2009 - SECT 69 Information as to existence of particular documents

INFORMATION PRIVACY ACT 2009 - SECT 69

Information as to existence of particular documents

69 Information as to existence of particular documents

(1) Nothing in this Act requires an agency or Minister to give information as to the existence or non-existence of a document containing prescribed information.
(2) For an access application for a document containing prescribed information, the agency or Minister may give prescribed written notice that does not include the details mentioned in section 199 (a) or (b) but, by way of a decision, states that—
(a) the agency or Minister neither confirms nor denies the existence of that type of document as a document of the agency or a document of the Minister; but
(b) assuming the existence of the document, it would be a document to which access would be refused under section 67 to the extent it comprised prescribed information.
(3) To avoid any doubt, it is declared that a decision that states the matters mentioned in subsection (2) is a decision refusing access to a document under section 67 .
Note—
A decision refusing access to a document under section 67 is a reviewable decision—see schedule 5 , definition reviewable decision , paragraph (f) .