(1) Subject to
section 24 the agency may refuse access to a document if —
(a) the
document is an exempt document; or
(b) the
document is not a document of the agency; or
(c)
giving access to the document would contravene a limitation referred to in
section 7.
(2) The agency may
refuse access to the requested documents without having identified any or all
of them and without specifying the reason why matter in any particular
document is claimed to be exempt matter if —
(a) it
is apparent, from the nature of the documents as described in the access
application, that all of the documents are exempt documents; and
(b)
there is no obligation under section 24 to give access to an edited copy of
any of the documents.
(3) Subject to
section 24 the agency has to refuse access to a document that is the subject
of an exemption certificate.
(4) If a document
contains personal information and the applicant, or the person to whom the
information relates, is a child who has not turned 16, the agency may refuse
access to the document if it is satisfied that access would not be in the best
interests of the child and that the child does not have the capacity to
appreciate the circumstances and make a mature judgment as to what might be in
his or her best interests.
(5) If a document
contains personal information and the applicant, or the person to whom the
information relates, is an intellectually handicapped person, the agency may
refuse access to the document if it is satisfied that access would not be in
the best interests of the person.