FREEDOM OF INFORMATION ACT 1982 - SECT 25A Requests may be refused in certain cases
FREEDOM OF INFORMATION ACT 1982 - SECT 25A
Requests may be refused in certain cases(1) The agency or Minister dealing with a request may refuse to grant access to documents in accordance with the request, without having caused the processing of the request to have been undertaken, if the agency or Minister is satisfied that the work involved in processing the request—
(a) in the case of an agency—would substantially and unreasonably divert the resources of the agency from its other operations; or
(b) in the case of a Minister—would substantially and unreasonably interfere with the performance of the Minister's functions.
(2) Subject to subsection (3) but without limiting the matters to which the agency or Minister may have regard in deciding whether to refuse under subsection (1) to grant access to the documents to which the request relates, the agency or Minister is to have regard to the resources that would have to be used—
(a) in identifying, locating or collating the documents within the filing system of the agency, or the office of the Minister; or
(b) in deciding whether to grant, refuse or defer access to documents to which the request relates, or to grant access to edited copies of such documents, including resources that would have to be used—
(i) in examining the documents; or
(ii) in consulting with any person or body in relation to the request; or
(c) in making a copy, or an edited copy, of the documents; or
(d) in notifying any interim or final decision on the request.
(3) The agency or Minister is not to have regard to any maximum amount, specified in regulations, payable as a charge for processing a request of that kind.
(4) In deciding whether to refuse, under subsection (1), to grant access to documents, an agency or Minister must not have regard to—
(a) any reasons that the person who requests access gives for requesting access; or
(b) the agency's or Minister's belief as to what are his or her reasons for requesting access.
(5) An agency or Minister may refuse to grant access to the documents in accordance with the request without having identified any or all of the documents to which the request relates and without specifying, in respect of each document, the provision or provisions of this Act under which that document is claimed to be an exempt document if—
(a) it is apparent from the nature of the documents as described in the request that all of the documents to which the request is expressed to relate are exempt documents; and
(b) either—
(i) it is apparent from the nature of the documents as so described that no obligation would arise under section 25 in relation to any of those documents to grant access to an edited copy of the document; or
(ii) it is apparent, from the request or as a result of consultation by the agency or Minister with the person making the request, that the person would not wish to have access to an edited copy of the document.
(6) An agency or Minister must not refuse to grant access to a document under subsection (1) unless the agency or Minister has—
(a) given the applicant a written notice—
(i) stating an intention to refuse access; and
(ii) identifying an officer of the agency or a member of staff of the Minister with whom the applicant may consult with a view to making the request in a form that would remove the ground for refusal; and
(b) given the applicant a reasonable opportunity so to consult; and
(c) as far as is reasonably practicable, provided the applicant with any information that would assist the making of the request in such a form.
S. 25A(7) amended by Nos 38/1999 s. 6(b), 20/2017 s. 9.
(7) For the purposes of section 21(1), the period commencing on the day an applicant is given a notice under subsection (6)(a) and ending on the day the applicant confirms or alters the request following the consultation referred to in subsection (6) is to be disregarded in the computation of the period referred to in section 21(1).
S. 25A(8)–(10) repealed by No. 6/2012 s. 9.
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