Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Nothing in this
Act requires the agency to give information as to the existence or
non-existence of a document containing matter that would be exempt matter
under clause 1, 2 or 5 of Schedule 1.
(2) If the access
application relates to a document that includes, or would if it existed
include, exempt matter of a kind referred to in subsection (1), the
agency may give written notice to the applicant that the agency neither
confirms nor denies the existence, as a document of the agency, of such a
document but that, assuming the existence of such a document, it would be an
exempt document and, where such a notice is given —
(a)
section 30 applies as if the decision to give such a notice were a
decision referred to in that section; and
(b) for
the purposes of this Act, the decision is to be regarded as a refusal of
access to the document because the document would, if it existed, be an exempt
document.