Western Australian Current Acts Western Australian Current Acts (1) Subject to this
Division, the agency has to deal with the access application as soon as is
practicable (and, in any event, before the end of the permitted period) by
—
(a)
considering the application and deciding —
(i)
whether to give or refuse access to the requested
documents; and
(ii)
any charge payable for dealing with the application;
and
(b)
giving the applicant written notice of the decision in the form required by
section 30.
(2) If the applicant
does not receive notice under subsection (1)(b) within the permitted period
the agency is taken to have refused, at the end of that period, to give access
to the documents and the applicant is taken to have received written notice of
that refusal on the day on which that period ended.
(3) For the purposes
of this section the permitted period is 45 days after the access application
is received or such other period as is agreed between the agency and the
applicant or allowed by the Commissioner under subsection (4) or (5).
(4) On the application
of the applicant, the Commissioner may reduce the time allowed to the agency
to comply with subsection (1).
(5) On the application
of the agency, the Commissioner, on being satisfied that the agency has
attempted to comply with subsection (1) within 45 days but that it is
impracticable, in the circumstances, for it to comply within that time, may
allow the agency an extension of time to comply with subsection (1) on such
conditions as the Commissioner thinks fit.
(6) If an extension of
time is allowed under subsection (5) the agency has to give written notice of
the extension to the applicant as soon as is practicable, and within 45 days
after receiving the access application.
(7) If, under
subsection (2), the agency is taken to have refused access, the Commissioner
may, on the application of the applicant, allow the agency an extension of
time to comply with subsection (1) on such conditions (for example, reduction
or waiver of charges) as the Commissioner thinks fit.
(8) If an extension of
time is allowed under subsection (7), subsection (2) does not have effect
unless, at the end of the extended time, the applicant still has not received
notice under subsection (1)(b).
(9) This Division has
effect subject to Division 3.