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INFORMATION PRIVACY ACT 2009 - SECT 69
Information as to existence of particular documents
69 Information as to existence of particular documents
(1) Nothing in this Act requires an agency or Minister to give information as
to the existence or non-existence of a document containing prescribed
information.
(2) For an access application for a document containing
prescribed information, the agency or Minister may give prescribed written
notice that does not include the details mentioned in section 199 (a) or (b)
but, by way of a decision, states that— (a) the agency or Minister neither
confirms nor denies the existence of that type of document as a document of
the agency or a document of the Minister; but
(b) assuming the existence of
the document, it would be a document to which access would be refused under
section 67 to the extent it comprised prescribed information.
(3) To avoid
any doubt, it is declared that a decision that states the matters mentioned in
subsection (2) is a decision refusing access to a document under section 67 .
Note— A decision refusing access to a document under section 67 is a
reviewable decision—see schedule 5 , definition reviewable decision ,
paragraph (f) .
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