South Australian Consolidated Acts South Australian Consolidated Acts19—Determination of applications
(1) After considering
an application for access to a document, an agency must determine—
(a)
whether access to the document is to be given (either immediately or subject
to deferral) or refused; and
(b) if
access to the document is to be given—any charge payable in respect of
the giving of access; and
(c) any
charge payable for dealing with the application.
(2) If—
(a)
—
(i)
the principal officer of an agency has, under
section 14A, extended the period within which an application must be
dealt with by the agency; and
(ii)
the agency fails to determine the application within the
period as so extended; or
(b) in
any other case—an agency fails to determine an application within 30
days after receiving the application,
the agency is to be taken to have determined the application by refusing
access to the document to which it relates for the purposes of the provisions
of Division 3 and Part 5.
(2a) However, nothing
prevents an agency from making a determination to give access to a document on
an application after the period within which it was required to deal with the
application (and any such determination is to be taken to have been made under
this Act).
(3) This section does
not require an agency to determine an application if the agency has, in
accordance with this Act, transferred the application to another agency or
refused to deal with, or to continue to deal with, the application.