RIGHT TO INFORMATION ACT 2009 - SECT 54
Notification of decision and reasons
RIGHT TO INFORMATION ACT 2009 - SECT 54
Notification of decision and reasons
54 Notification of decision and reasons
(1) An agency or Minister must give a prescribed written notice to an
applicant for an access application of—
(a) the decision on the application,
including a decision to refuse to deal with the application; and
(b) if the
application relates to a document that is not a document in the possession, or
under the control, of the agency or Minister—the fact that the document is
not a document in the possession, or under the control, of the agency or
Minister.
(2) In addition to the details that must be stated in a prescribed
written notice, the notice must also specify the following—
(i) an itemisation of any processing and
access charges payable by the applicant; and
(ii) the period within which the
applicant may access the document under section 69(the
"access period" ); and
(iii) details of the publication of the document, or
of information about the document, that is required or permitted by section 78or 78A, if the applicant accesses the document within the access period and
the document does not contain personal information of the applicant; and
(iv)
details of the publication of the document, or of information about the
document, that is required or permitted by section 78or 78A, if the
applicant fails to access the document within the access period and the
document does not contain personal information of the applicant;
(b) if
access is to be given to a copy of a document subject to the deletion under
section 73of irrelevant information—the fact that the document is such a
copy;
(B) the reasons for the decision classifying the information as
exempt information; and
(iv) if access is refused under section 47(3) (b)
—
(A) the factors identified as favouring disclosure and the factors
identified as favouring nondisclosure under section 49; and
(B) the reasons
for the decision that, on balance, disclosure would be contrary to the public
interest under section 49; and
(v) if access is refused under section 47(3)
(c) —the reason under section 50the agency or Minister considers access
would not be in the best interests of the child; and
(vi) if access is
refused under section 47(3) (d) —the reason under section 51the agency or
Minister considers that the disclosure to the applicant might be prejudicial
to the physical or mental health or wellbeing of the applicant; and
(vii) if
access is refused under section 47(3) (e) —the provision of section 52(1)
under which the document is nonexistent or unlocatable; and
(viii) if access
is refused under section 47(3) (f) —the type of access to the document
under section 53that is available.
(3) An agency or Minister is not required
to include any exempt information or contrary to public interest information
in the notice.
(4) Subsection (2) (a) (ii) does not apply if the document is
given with the notice.
(5) This section does not apply in relation to a
deemed decision.