Commonwealth Consolidated Acts

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What is a request consultation process?


             (1)  This section sets out what is a request consultation process for the purposes of section 24.

Requirement to notify

             (2)  The agency or Minister must give the applicant a written notice stating the following:

                     (a)  an intention to refuse access to a document in accordance with a request;

                     (b)  the practical refusal reason;

                     (c)  the name of an officer of the agency or member of staff of the Minister (the contact person ) with whom the applicant may consult during a period;

                     (d)  details of how the applicant may contact the contact person;

                     (e)  that the period (the consultation period ) during which the applicant may consult with the contact person is 14 days after the day the applicant is given the notice.

Assistance to revise request

             (3)  If the applicant contacts the contact person during the consultation period in accordance with the notice, the agency or Minister must take reasonable steps to assist the applicant to revise the request so that the practical refusal reason no longer exists.

             (4)  For the purposes of subsection (3), reasonable steps includes the following:

                     (a)  giving the applicant a reasonable opportunity to consult with the contact person;

                     (b)  providing the applicant with any information that would assist the applicant to revise the request.

Extension of consultation period

             (5)  The contact person may, with the applicant's agreement, extend the consultation period by written notice to the applicant.

Outcome of request consultation process

             (6)  The applicant must, before the end of the consultation period, do one of the following, by written notice to the agency or Minister:

                     (a)  withdraw the request;

                     (b)  make a revised request;

                     (c)  indicate that the applicant does not wish to revise the request.

             (7)  The request is taken to have been withdrawn under subsection (6) at the end of the consultation period if:

                     (a)  the applicant does not consult the contact person during the consultation period in accordance with the notice; or

                     (b)  the applicant does not do one of the things mentioned in subsection (6) before the end of the consultation period.

Consultation period to be disregarded in calculating processing period

             (8)  The period starting on the day an applicant is given a notice under subsection (2) and ending on the day the applicant does one of the things mentioned in paragraph (6)(b) or (c) is to be disregarded in working out the 30 day period mentioned in paragraph 15(5)(b).

Note:          Paragraph 15(5)(b) requires that an agency or Minister take all reasonable steps to notify an applicant of a decision on the applicant's request within 30 days after the request is made.

No more than one request consultation process required

             (9)  To avoid doubt, this section only obliges the agency or Minister to undertake a request consultation process once for any particular request.

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