Australian Capital Territory Numbered Acts

FREEDOM OF INFORMATION ACT 2016 (NO. 55 OF 2016) - SECT 58

    (1)     If the respondent to an access application believes that it holds government information relevant to an application and relevant information and may also be held by another agency or Minister (the other entity ), the respondent must give a copy of the access application to the other entity.

    (2)     If the other entity believes that it may hold relevant government information, the other entity must—

        (a)     tell the respondent that it may hold relevant information; and

        (b)     take reasonable steps to identify all relevant information within the scope of the application; and

        (c)     if it identifies relevant information—

              (i)     give the relevant information to the respondent; or

              (ii)     tell the respondent and the applicant that it will decide the application as if it were the respondent.

    (3)     If the other entity gives the relevant government information to the respondent, the respondent is, for the purpose of making a decision on the application, taken to hold the information.

    (4)     If the other entity is to decide the application as if it were the respondent—

        (a)     the application is taken to have been made to the other entity when it received the application under subsection (1); and

        (b)     the other entity must give the applicant written notice of—

              (i)     the day on which the application was received; and

              (ii)     the date by which a decision is to be made (unless additional time is given under section 40, section 41 or section 42).

    (5)     The notice must be given to the applicant as soon as practicable but in any case not later than 5 working days after the day the application was received.

    (6)     If the other entity believes it does not hold relevant information, it must tell the respondent of the belief.