AustLII Tasmanian Consolidated Acts

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RIGHT TO INFORMATION ACT 2009 - SECT 46

Review where decisions delayed

(1)  If –
(a) an application has been made to a public authority or Minister under section 13 ; and
(b) the period provided in section 15 has elapsed; and
(c) notice of a decision on the application has not been received by the applicant –
the principal officer of the public authority or the Minister is, for the purpose of enabling an application to be made to the Ombudsman under section 45 , to be taken to have made, on the last day of the relevant period, a decision refusing to grant the application.
(2)  If –
(a) by virtue of this section an application has been made to the Ombudsman under section 45 but the Ombudsman has not made a decision on the application; and
(b) a decision, other than a decision to grant the request, is given by the public authority or Minister –
the Ombudsman may, at the request of the applicant, treat the application as extending to an application for review of that decision in accordance with section 45 .
(3)  Before further considering an application made under section 45 by virtue of this section, the Ombudsman may, on the application of the Minister or principal officer of the public authority concerned, allow the Minister or public authority further time to deal with the request.
(4)  The Ombudsman may allow a public authority or a Minister further time in accordance with subsection (3) , subject to such conditions as the Ombudsman thinks fit.



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