Australian Capital Territory Current Acts

FREEDOM OF INFORMATION ACT 2016 - SECT 78

    (1)     This section applies if—

        (a)     the respondent to an access application has not made an application under section 42 (Deciding access—extension of time given by ombudsman); and

        (b)     a decision to refuse access to information is taken to have been made under section 39 (Deciding access—decision not made in time taken to be refusal to give access) (the deemed decision ); and

Note     A decision to refuse access to information is a reviewable decision (see sch 3, item 4).

        (c)     the ombudsman is reviewing the decision.

    (2)     The respondent may apply to the ombudsman—

        (a)     to set aside the deemed decision; and

        (b)     for an extension of time to deal with the access application.

    (3)     The ombudsman may, on application under subsection (2)—

        (a)     set aside the deemed decision; and

        (b)     extend the time to decide the access application.

    (4)     An extension of time given by the ombudsman may be for the period the ombudsman considers reasonable in the circumstances, having regard to—

        (a)     the objects of this Act; and

        (b)     the importance of encouraging timely resolution of access applications.

    (5)     The ombudsman may extend the time to decide subject to conditions.

    (6)     If the respondent does not decide the access application within the extended time given by the ombudsman under this section, the respondent is taken to have refused to give access to the government information applied for.