FREEDOM OF INFORMATION ACT 1982 - SECT 53 Reviews where decisions delayed
FREEDOM OF INFORMATION ACT 1982 - SECT 53
Reviews where decisions delayedS. 53(1) amended by Nos 10155 s. 67(1)(h)(i)(ii), 20/2017 s. 45(2).
(1) Subject to this section, where—
(a) a request has been made to an agency or Minister;
S. 53(1)(b) amended by No. 20/2017 s. 45(1).
(b) the time period provided in section 21(1) or section 43 as the case may be has elapsed; and
(c) notice of a decision on the request has not been received by the applicant—
for the purposes of making an application to the Tribunal under section 50(1)(ea), the agency or Minister is taken to have made a decision refusing to grant access to the document in accordance with the request or, in the case of a request under section 39, refusing to amend the document in accordance with the request, on the last day of the relevant period.
S. 53(2) amended by No. 10155 s. 67(1)(h)(i), repealed by No. 6/2012 s. 19, new s. 53(2) inserted by No. 20/2017 s. 45(3).
(2) Subject to this section, where—
(a) a notice has been served on the principal officer under section 12(1); and
(b) the time period provided in section 12(2) has elapsed; and
(c) notice of the principal officer's decision has not been received by the applicant—
for the purposes of making an application to the Tribunal under section 50(1)(ea), the principal officer is taken to have made a decision refusing to specify the document in a statement on the last day of that period.
S. 53(3) amended by No. 10155 s. 67(1)(h)(i), repealed by No. 6/2012 s. 19.
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S. 53(4) amended by No. 10155 s. 67(1)(h)(ii), repealed by No. 6/2012 s. 19.
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S. 53(5) amended by Nos 10155
s. 67(1)(h)
(i)–(iii), 20/2017 s. 45(4).
(5) Where, after an application has been made to the Tribunal by virtue of this section but before the Tribunal has finally heard the application, a decision is given, subject to subsection (5A), the Tribunal may, at the request of the applicant, treat the application as extending to an application for review of that decision in accordance with this Part.
S. 53(5A) inserted by No. 20/2017 s. 45(5).
(5A) Subsection (5) does not apply to—
(a) a decision of the agency or Minister to grant access to the document without deferment; or
(b) in the case of a request under section 39, a decision of the agency or Minister to amend the document in accordance with the request; or
(c) in the case of a notice under section 12(1), a decision of the principal officer to specify the document in a statement.
S. 53(6) amended by No. 10155 s. 67(1)(h)(i)(ii).
(6) Before further hearing an application made by virtue of this section, the Tribunal, may on the application of the agency or Minister concerned, make an order allowing further time to the agency or Minister to deal with the request.
S. 53(7) amended by No. 10155 s. 67(1)(h)(i).
(7) The Tribunal may make an order under subsection (6) subject to such conditions as the Tribunal thinks fit, including a condition that if a decision is made during the further time to grant access to a document any charge that, under the regulations, is required to be paid before access is granted shall be reduced or waived.
S. 53(8) repealed by No. 20/2017 s. 45(6).
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S. 53AA inserted by No. 7/2003 s. 43.