Commonwealth Consolidated Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 26

Reasons and other particulars of decisions to be given

             (1)  Where, in relation to a request, a decision is made relating to a refusal to grant access to a document in accordance with the request or deferring provision of access to a document, the decision-maker shall cause the applicant to be given notice in writing of the decision, and the notice shall:

                     (a)  state the findings on any material questions of fact, referring to the material on which those findings were based, and state the reasons for the decision; and

                    (aa)  in the case of a decision to refuse to give access to a conditionally exempt document--include in those reasons the public interest factors taken into account in making the decision; and

Note:       Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).

                     (b)  where the decision relates to a document of an agency, state the name and designation of the person giving the decision; and

                     (c)  give to the applicant appropriate information concerning:

                              (i)  his or her rights with respect to review of the decision;

                             (ii)  his or her rights to make a complaint to the Information Commissioner in relation to the decision; and

                            (iii)  the procedure for the exercise of the rights referred to in subparagraphs (i) and (ii);

                            including (where applicable) particulars of the manner in which an application for internal review (Part VI) and IC review (Part VII) may be made.

          (1A)  Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision referred to in subsection (1).

             (2)  A notice under this section is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.



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