Commonwealth Numbered Acts

FREEDOM OF INFORMATION ACT 1982 No. 3 of 1982 - SECT 56

56. (1) Subject to this section, where -

   (a)  a request has been made to an agency or Minister in accordance with
section 19;

   (b)  the period of 60 days or such other period as is applicable by virtue
        of
regulations under sub-section 19 (2) has elapsed since the day on
which the request was received by or on behalf of the agency or Minister;
and

   (c)  notice of a decision on the request has not been received by the
        applicant, the principal officer of the agency or the Minister shall,
        for the purpose of enabling an application to be made to the Tribunal
        under section  55 , be deemed to have made, on the last day of that
        period, a decision refusing to grant access to the document.

(2) Where a complaint is made to the Ombudsman under the Ombudsman Act 1976
concerning failure to make and notify to the applicant a decision on a request
(whether the complaint was made before or after the expiration of the period
referred to in sub-section (1)), an application to the Tribunal under section 
55 of this Act by virtue of this section shall not be made before the
Ombudsman has informed the applicant of the result of the complaint in
accordance with section 12 of the Ombudsman Act 1976.

(3) Where such a complaint is made before the expiration of the period
referred to in sub-section (1), the Ombudsman, after having investigated the
complaint, may, if he is of the opinion that there has been unreasonable delay
by an agency in connection with the request, grant to the applicant a
certificate certifying that he is of that opinion, and, if the Ombudsman does
so, the principal officer of the agency or the Minister, as the case requires,
shall, for the purpose of enabling application to be made to the Tribunal
under section 55, be deemed to have made, on the day on which the certificate
is granted, a decision refusing to grant access to the document.

(4) The Ombudsman shall not grant a certificate under sub-section (3) where
the request to which the complaint relates was made to, or has been referred
to, a Minister and is awaiting decision by him.

(5) Where, after an application has been made to the Tribunal by virtue of
this section but before the Tribunal has finally dealt with the application, a
decision, other than a decision to grant, without deferment, access to the
document in accordance with the request, is given, the Tribunal may, at the
request of the applicant, treat the proceedings as extending to a review of
that decision in accordance with this Part.

(6) Before dealing further with an application made by virtue of this section,
the Tribunal may, on the application of the agency or Minister concerned,
allow further time to the agency or Minister to deal with the request.