AustLII Tasmanian Consolidated Acts

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RIGHT TO INFORMATION ACT 2009 - SCHEDULE 3

- Matters Relevant to Assessment of Refusing Application

SCHEDULE 3 - Matters Relevant to Assessment of Refusing Application

Sections 10(1)(b) and 19(1)(c)

1.    The following matters are matters that must be considered when assessing if the processing of an application for assessed disclosure of information would result in a substantial and unreasonable diversion of resources:
(a) the terms of the request, especially whether it is of a global kind or a generally expressed request, and in that regard whether the terms of the request offer a sufficiently precise description to permit the public authority or Minister, as a practical matter, to locate the document sought within a reasonable time and with the exercise of reasonable effort;
(b) whether the demonstrable importance of the document or documents to the applicant might be a factor in determining what in the particular case are a reasonable time and a reasonable effort;
(c) more generally whether the request is a reasonably manageable one, giving due, but not conclusive, regard to the size of the public authority or Minister and the extent of its resources available for dealing with applications;
(d) the public authority's or Minister's estimate as to the number of sources of information affected by the request, and by extension the volume of information and the amount of officer-time, and the salary cost;
(e) the timelines binding the public authority or Minister;
(f) the degree of certainty that can be attached to the estimate that is made as to sources of information affected and hours to be consumed, and in that regard importantly whether there is a real possibility that processing time might exceed to some degree the estimate first made;
(g) the extent to which the applicant has made other applications to the public authority or Minister in respect of the same or similar information or has made other applications across government in respect of the same or similar information, and the extent to which the present application might have been adequately met by those previous applications;
(h) the outcome of negotiations with the applicant in attempting to refine the application or extend the timeframe for processing the application;
(i) the extent of the resources available to deal with the specified application.


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