When will the application be processed?
The department must acknowledge the application within 14 days of receipt. The department has 45 days in which to make a decision. This period can be extended by 15 days if consultation with a third party is required. If the documents were created before November 1987 and are non-personal in nature the department has 60 days in which to make a decision.
You will be notified, in writing, of any applicable preliminary assessment charge given pursuant to sections 29A or 29B of the Freedom of Information Act 1992 . The period commencing on the day that you are given notice under section 29A or 29B and ending on the 'relevant day' will be disregarded in the calculation of the due date for a decision. The Freedom of Information Coordinator will advise you of the new due date for a decision which will be calculated in accordance with section 29D of the Freedom of Information Act 1992 .
Consultations
When processing Freedom of Information applications, it may become necessary for the decision-maker to consult with a third party or parties if the release of the documents in question may reasonably be expected to be of substantial concern to that party.
While the views of the third party are taken into account, the final decision lies with the decision maker (i.e. the Freedom of Information Coordinator).
If the third party is dissatisfied with the decision in relation to those documents, they may seek a review of the decision. The documents in question will not be provided to the applicant until the rights of review of the third party have expired and not been exercised, or the review application is finally disposed of.
Last updated 07 July 2005
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