FREEDOM OF INFORMATION ACT 1982 - SECT 27 Reasons etc. to be given
FREEDOM OF INFORMATION ACT 1982 - SECT 27
Reasons etc. to be givenS. 27(1) amended by No. 84/1990 s. 3(a).
(1) Where, in relation to a request for access to a document of an agency or an official document of a Minister, a decision is made under this Part that the applicant is not entitled to access to the document in accordance with the request or that provision of access to the document be deferred or that no such document exists, the agency or Minister shall cause the applicant to be given notice in writing of the decision, and the notice shall—
(a) state the findings on any material questions of fact, referring to the material on which those findings were based, and the reasons for the decision;
S. 27(1)(b) amended by No. 84/1990 s. 3(b).
(b) where the decision relates to an agency, state the name and designation of the person giving the decision;
S. 27(1)(c) amended by No. 30/2006 s. 19(4).
(c) where access is given to a document in accordance with section 25 state that the document is a copy of a document from which exempt or irrelevant matter has been deleted;
(d) inform the applicant of—
(i) his right to apply for a review of the decision;
(ii) the authority to which the application for review should be made; and
S. 27(1)(d)(iii) amended by No. 2/2001 s. 101(1)(d)(i).
(iii) the time within which the application for review must be made;
S. 27(1)(da) inserted by No. 2/2001 s. 101(1)(d)(ii).
(da) where the decision relates to a refusal to grant access to a document containing health information on the ground referred to in section 36 of the Health Records Act 2001 , inform the applicant of the time within which—
(i) a written notice may be given under section 38(1) of the Health Records Act 2001 nominating a health service provider for the purposes of Division 3 of Part 5 of that Act;
S. 27(1)(da)(ii) amended by No. 6/2012 s. 10(1)(a).
(ii) an application for a review of the decision may be made under Division 1 of Part VI of this Act;
S. 27(1)(da)(iii) amended by No. 6/2012 s. 10(1)(b).
(iii) an application for conciliation may be made under Division 2 of Part VI of this Act;
S. 27(1)(db) inserted by No. 2/2001 s. 101(d)(ii).
(db) where the decision relates to a refusal to grant access to a document containing health information on a ground other than the ground referred to in section 36 of the Health Records Act 2001 , inform the applicant of the time within which—
S. 27(1)(db)(i) amended by No. 6/2012 s. 10(2)(a).
(i) an application for a review of the decision may be made under Division 1 of Part VI of this Act;
S. 27(1)(db)(ii) amended by No. 6/2012 s. 10(2)(b).
(ii) if applicable, an application for conciliation may be made under Division 2 of Part VI of this Act;
S. 27(1)(e) amended by Nos 84/1990 s. 3(c), 58/1993 s. 11(a), 7/2003 s. 44(1), 6/2012 s. 10(3), 20/2017 s. 10(1).
(e) where, in the case of a decision of an agency or a Minister, the decision does not relate to a request for access to a document that if it existed would be, an exempt document under section 28, 29A, 31 or 31A but the decision is to the effect that the document does not exist or cannot, after a thorough and diligent search, be located, inform the applicant of his right to complain to the Information Commissioner.
(2) In a notice under subsection (1), an agency or Minister—
(a) is not required to include any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document;
S. 27(2)(ab) inserted by No. 23/2017 s. 24.
(ab) is not required to confirm or deny the existence of any document, if confirming or denying the existence of that document would involve the unreasonable disclosure of information relating to the personal affairs of any person for the reason that it would increase the risk to a primary person's safety from family violence;
S. 27(2)(ac) inserted by No. 11/2018 s. 34.
(ac) is not required to confirm or deny the existence of any document, if confirming or denying the existence of that document would involve the unreasonable disclosure of information relating to the personal affairs of any person for the reason that it would increase the risk to the safety of a child or group of children;
S. 27(2)(b) substituted by No. 84/1990 s. 3(d), amended by Nos 58/1993 s. 11(b), 7/2003 s. 44(2), 20/2017 s. 10(2).
(b) if the decision relates to a request for access to a document that is an exempt document under section 28, 29A, 31 or 31A or that, if it existed, would be an exempt document under section 28, 29A, 31 or 31A, may state the decision in terms which neither confirm nor deny the existence of any document.
Pt 3A (Heading and ss 27A–27G) inserted by No. 38/1999 s. 3, repealed by No. 57/1999 s. 4.
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Part IV—Exempt documents
S. 27A inserted by No. 30/2006 s. 21.