Freedom of Information Amendment (Reform) Act 2010 (51 of 2010)

Schedule 6   Other amendments

Part 1   Amendments to the Freedom of Information Act 1982

Freedom of Information Act 1982

30   After section 15

Insert:

15AA Extension of time with agreement

An agency or Minister may extend the period referred to in paragraph 15(5)(b) for dealing with a request, or that period as extended under subsection 15(6) or (8) (consultation), by a further period of no more than 30 days if:

(a) the applicant agrees in writing to the extension; and

(b) the agency or Minister gives written notice of the extension to the Information Commissioner as soon as practicable after the agreement is made.

15AB Extension of time for complex or voluminous requests

(1) An agency or Minister may apply to the Information Commissioner for an extension of the period referred to in paragraph 15(5)(b) for dealing with a request if the agency or Minister considers that the period is insufficient to deal adequately with a request because the request is complex or voluminous.

(2) If the Information Commissioner is satisfied that the application is justified, the Information Commissioner may, by written instrument, extend the period by a further period of 30 days, or such other period as the Information Commissioner considers appropriate.

Note: For variation and revocation of the instrument, see subsection 33(3) of the Acts Interpretation Act 1901.

(3) The Information Commissioner must, as soon as practicable, inform the following persons of the period for which the extension has been given:

(a) the applicant;

(b) the agency or Minister.

15AC Decision not made on request within time - deemed refusal

Scope

(1) This section applies if:

(a) a request has been made to an agency or Minister; and

(b) the period (the initial decision period ) covered by subsection (2) has ended since the day the request was received by, or on behalf of, the agency or Minister; and

(c) notice of a decision on the request has not been received by the applicant.

(2) The initial decision period covered by this subsection is the period of 30 days mentioned in paragraph 15(5)(b) (or that period as extended, otherwise than under this section).

Deemed refusal

(3) Subject to this section:

(a) the principal officer of the agency or the Minister is taken to have made a decision personally refusing to give access to the document on the last day of the initial decision period; and

(b) notice of the decision is taken to have been given under section 26 to the applicant on the same day.

Agency or Minister may apply for further time

(4) However, the agency or Minister concerned may apply, in writing, to the Information Commissioner for further time to deal with the request.

(5) The Information Commissioner may allow further time considered appropriate by the Information Commissioner for the agency or Minister to deal with the request.

(6) If the Information Commissioner allows further time, the Information Commissioner may impose any condition that he or she considers appropriate.

(7) Subsection (3) (deemed refusal) does not apply, and is taken never to have applied, if the agency or Minister:

(a) makes a decision on the request within the further time allowed; and

(b) complies with any condition imposed under subsection (6).

(8) However, subsection (3) (deemed refusal) applies as if the initial decision period were extended by the time allowed by the Information Commissioner under subsection (5) if the agency or Minister:

(a) does not make a decision on the request within the further time allowed; or

(b) does not comply with any condition imposed under subsection (6).

No further time allowed

(9) If subsection (8) (deemed refusal after allowance of further time) applies, the Information Commissioner does not have the power to allow further time under this section in relation to the decision taken to be made under subsection (3) in its operation as affected by subsection (8).