AustLII Tasmanian Consolidated Acts

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FREEDOM OF INFORMATION ACT 1991 - SECT 22

22. Reasons, &c., to be given

      (1) If, in relation to a request for information made to an agency or a Minister, a decision is made –

(a) that the applicant is not entitled to the information in accordance with the request; or

(b) that provision of the information be deferred in accordance with section 18; or

(c) that provision of the information be refused by virtue of section 20

the agency or Minister shall give the applicant written notice of the decision.

      (2) Notice given under subsection (1) shall –

(a) state the finding on any material question of fact, referring to the material on which that finding was based, and the reasons for the decision; and

(b) if the decision was made on behalf of an agency – state the name and designation of the person who made the decision; and

(c) inform the applicant of –

(i) the applicant's right to apply for a review of the decision; and

(ii) the authority to which the application for review can be made; and

(iii) the time within which the application for review must be made; and

(d) if the decision involves or relies upon consideration of the public interest in the application of a provision of this Act – state the public interest considerations on which that decision was based.

      (3) An agency or Minister is not required by subsections (1) and (2) to include in a notice given under subsection (1) any exempt information.

      (4) An agency or Minister may, in a notice given under subsection (1), state the decision in terms which neither confirm nor deny the existence of any information which on a ground specified in section 23, 24, 25,   28 or 28A would be exempt information.



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