Australian Capital Territory Current Acts

FREEDOM OF INFORMATION ACT 2016 - SECT 34

    (1)     An agency or Minister deciding an access application (the respondent ) must take reasonable steps to identify all government information within the scope of the application.

    (2)     The respondent is not required to search for the information from a backup system (but may if appropriate).

    (3)     The respondent may, at any time, contact the applicant to clarify the scope of the application (a clarification request ).

    (4)     The respondent may suspend an access application if—

        (a)     the respondent has taken all reasonable steps to contact the applicant about a clarification request; and

        (b)     either—

              (i)     the respondent is unable to contact the applicant; or

              (ii)     the applicant does not respond to the clarification request.

    (5)     If the access application is suspended, the respondent must, in writing, tell the applicant—

        (a)     that the application has been suspended; and

        (b)     about the effect of subsection (6).

    (6)     The respondent—

        (a)     must decide the application if the applicant responds to the clarification request within 6 weeks after the request was made; but

        (b)     need not deal further with the application if it is suspended under subsection (4) for 6 weeks or longer.

    (7)     Subsection (6) (b) does not prevent the applicant from making another access application for the same information.