FREEDOM OF INFORMATION ACT 1992 - SECT 23

FREEDOM OF INFORMATION ACT 1992 - SECT 23

23 .         Refusing access, grounds for

        (1)         Subject to section 24 the agency may refuse access to a document if —

            (a)         the document is an exempt document; or

            (b)         the document is not a document of the agency; or

            (c)         giving access to the document would contravene a limitation referred to in section 7.

        (2)         The agency may refuse access to the requested documents without having identified any or all of them and without specifying the reason why matter in any particular document is claimed to be exempt matter if —

            (a)         it is apparent, from the nature of the documents as described in the access application, that all of the documents are exempt documents; and

            (b)         there is no obligation under section 24 to give access to an edited copy of any of the documents.

        (3)         Subject to section 24 the agency has to refuse access to a document that is the subject of an exemption certificate.

        (4)         If a document contains personal information and the applicant, or the person to whom the information relates, is a child who has not turned 16, the agency may refuse access to the document if it is satisfied that access would not be in the best interests of the child and that the child does not have the capacity to appreciate the circumstances and make a mature judgment as to what might be in his or her best interests.

        (5)         If a document contains personal information and the applicant, or the person to whom the information relates, is an intellectually handicapped person, the agency may refuse access to the document if it is satisfied that access would not be in the best interests of the person.