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RIGHT TO INFORMATION ACT 2009 - SECT 22 Reasons to be given

RIGHT TO INFORMATION ACT 2009 - SECT 22

Reasons to be given

(1)  If, in relation to an application for information made to a public authority or Minister, the public authority or Minister decides –
(a) that the applicant is not entitled to the information because it is exempt information; or
(b) that provision of the information be deferred in accordance with section 17 ; or
(c) that provision of the information be refused by virtue of section 19 or 20  –
the public authority or Minister must give the applicant written notice of the decision.
(2)  Notice given under subsection (1) is to –
(a) state the reasons for the decision; and
(b) if the decision was made on behalf of a public authority or Minister, 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)  A public authority or Minister is not required by subsections (1) and (2) to include in a notice given under subsection (1) any exempt information.
(4)  A public authority 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 Division 1 of Part 3 would be exempt information.