South Australian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 36

36—Notices of determination

        (1)         An agency must give written notice to the applicant—

            (a)         of its determination of his or her application; or

            (b)         if the application relates to records that are not held by the agency—of the fact that the agency does not hold such records.

        (2)         Such a notice must specify—

            (a)         the day on which the determination was made; and

            (b)         if the determination is to the effect that amendment of the agency's records is refused—

                  (i)         the name and designation of the officer by whom the determination was made; and

                  (ii)         the reasons for the refusal; and

                  (iii)         the findings on any material questions of fact underlying those reasons, together with a reference to the sources of information on which those findings are based; and

                  (iv)         the rights of review and appeal conferred by this Act in relation to the determination; and

                  (v)         the procedures to be followed for the purpose of exercising those rights.

        (3)         An agency is not required to include in a notice any matter if its inclusion in the notice would result in the notice being an exempt document.



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