Australian Capital Territory Numbered Acts

FREEDOM OF INFORMATION AMENDMENT ACT 2019 (NO. 37 OF 2019) - SECT 16

substitute

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 an additional stated amount of time under section 41 and the applicant has refused the request; or

        (b)     section 41 (4) prevents the respondent from asking the applicant for an additional amount of time to decide the application.

    (2)     The application to the ombudsman must be made—

        (a)     before the end of the period for deciding the application under section 40; or

        (b)     if the time to decide the application has already been extended under section 41 or this section—before the end of the additional time last granted.

    (3)     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 or the period as extended under section 41 or this section because—

        (a)     the application involves dealing with a large volume of information; or

        (b)     the application is complex; or

        (c)     there are other exceptional circumstances.

Example—complex application

multiple, conflicting public interest factors apply to the information covered by the application and extensive third party consultation is required

    (4)     The ombudsman may extend the time to decide the access application for the period the ombudsman considers reasonable in the circumstances, having regard to—

        (a)     the objects of this Act; and

        (b)     the importance of encouraging timely resolution of access applications.

    (5)     The ombudsman may extend the time to decide the access application subject to conditions.

Examples—conditions

1     the respondent provides the ombudsman with regular updates on progress with the application

2     the respondent agrees to a timetable to progress the application

3     the respondent provides information progressively

    (6)     The ombudsman may cancel or amend an extension under subsection (4) if—

        (a)     the ombudsman considers it appropriate, having regard to the matters mentioned in subsection (4); or

        (b)     the respondent has not complied with a condition under subsection (5).

    (7)     The ombudsman must tell the respondent and the applicant about any extension, or cancellation or amendment of an extension, under this section.