Australian Capital Territory Current Acts

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FREEDOM OF INFORMATION ACT 2016 - SECT 35

Deciding access—how applications are decided

    (1)     The respondent decides an access application for government information by deciding—

        (a)     to give access to the information; or

        (b)     that the information is not held by the respondent; or

        (c)     to refuse to give access to the information because the information is contrary to the public interest information; or

        (d)     to refuse to deal with the application (see section 43); or

        (e)     to refuse to confirm or deny that the information is held by the respondent because—

              (i)     the information is contrary to the public interest information; and

              (ii)     doing so would, or could reasonably be expected to—

    (A)     endanger the life or physical safety of a person; or

    (B)     be an unreasonable limitation on a person's rights under the Human Rights Act 2004

; or

    (C)     significantly prejudice an ongoing criminal investigation.

    (2)     An access application may be decided in more than 1 way.



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