Western Australian Current Acts

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FREEDOM OF INFORMATION ACT 1992 - SECT 13

13 .         Agency’s duties as to access application etc.

        (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.



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