AustLII Tasmanian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 20

20. Requests may be refused in certain cases

      (1) If –

(a) a request for information is expressed to relate to –

(i) all information of a specified kind; or

(ii) all information in respect of a specified subject-matter; and

(b) the agency or Minister dealing with the request is satisfied that the work involved in providing the information requested –

(i) would substantially and unreasonably divert the resources of the agency from its other work; or

(ii) would interfere substantially and unreasonably with the performance by the Minister of the Minister's other functions –

having regard to –

(iii) the amount of that information; and

(iv) any difficulties that exist in identifying, locating or collating the information within the records of the agency or of the office of the Minister –

the agency or Minister may refuse to provide the information without undertaking the processes referred to in paragraph (b)(iv).

      (2) If, in respect of a request of a kind referred to in subsection (1)(a), it is apparent that all the information requested is exempt information the agency or Minister may refuse to provide the information without having identified all or any of the information requested.

      (3) If an agency or Minister refuses a request under subsection (2), the agency or Minister shall specify the provision or provisions of Part 3 under which it is claimed the information would be exempt information.

      (4) An agency or Minister shall not refuse to provide information by virtue of subsection (1) without first giving the applicant a reasonable opportunity to consult the agency or the Minister with a view to the applicant being helped to make a request in a form that would remove the ground for refusal.



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