Australian Capital Territory Numbered Acts

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FREEDOM OF INFORMATION ACT 2016 (NO. 55 OF 2016) - SECT 42

Deciding access—extension of time given by ombudsman

    (1)     A respondent to an access application may apply to the ombudsman for an extension of time to decide the application if—

        (a)     the respondent has asked the applicant for additional time under section 41; and

        (b)     the applicant has refused the request; and

        (c)     the time to decide the application under section 40 has not expired.

    (2)     The ombudsman may, on application under subsection (1), extend the time to decide an access application if the ombudsman believes it is not reasonably possible for the respondent to deal with the application within the period for deciding the application under section 40 because the application involves dealing with—

        (a)     a large volume of information; or

        (b)     complex and potentially conflicting public interest factors.

    (3)     An extension of time given by the ombudsman must not be for longer than 15 working days.

    (4)     The ombudsman may extend the time to decide subject to conditions.

    (5)     If the ombudsman extends the time to decide, the ombudsman must tell the respondent and the applicant of the period for which the extension is given.



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