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RIGHT TO INFORMATION ACT 2009 - SECT 15 Time within which applications for assessed disclosure of information are to be decided

RIGHT TO INFORMATION ACT 2009 - SECT 15

Time within which applications for assessed disclosure of information are to be decided

(1)  A public authority or Minister must take all reasonable steps to enable an applicant to be notified of a decision on an application for an assessed disclosure of information as soon as practicable but in any case not later than 20 working days after the acceptance of the application.
(2)  Where negotiations are entered into under section 13(7) , the negotiations are to be completed expeditiously and in any case not later than 10 working days after the receipt of the application.
(3)  Subject to section 16(3) , an application for an assessed disclosure is taken to be accepted by a public authority or Minister for the purposes of subsection (1)  –
(a) on the day the application is received by the public authority or Minister; or
(b) if negotiations are entered into under section 13(7) , on completion of the period for negotiations under subsection (2) .
(4)  The time within which a public authority or a Minister is to make a decision on an application for assessed disclosure may be extended –
(a) by agreement with the applicant; or
(b) if agreement cannot be reached and the application is complex or voluminous or both complex and voluminous in nature and the absence of agreement is in the opinion of the public authority unreasonable, by the Ombudsman on an application made to the Ombudsman by the public authority.
(5)  Where a public authority or Minister has decided to consult a third party under section 36 or 37 about the release of information in determining an assessed disclosure, a further 20 working days in addition to the 20 working days referred to in subsection (1) is allowed for a decision on an application for an assessed disclosure.
(6)  If there is no response from the third party within 15 working days from the time of the consultation, the public authority or Minister may conclude the assessment without considering the input of the third party.
(7)  Nothing in this section permits the release of information during –
(a) the relevant period specified in section 36(5) in the case of an application relating to the personal information of a person; or
(b) the relevant period specified in section 37(5) in the case of an application relating to the business affairs of a third party.