Freedom of Information
[No. of 2002 19
(c) if the record of the information requested does not exist,
inform the applicant to that effect.
(2) Where a public authority fails to give access to information
requested within the time limits set out in this Act, the public authority
5 shall be deemed to have refused to give access to the information.
PART VI
REVIEW OF DECISIONS OF PUBLIC AUTHORITIES
10
15
20
25
30
35
40
29. (1) A person who, having made a request for the disclosure of
information under this Act, is aggrieved by the decision of a public
authority in relation to the request may apply to the Commission for a
review of that decision in respect of any of the following:
(a) the refusal of access by the public authority to the information
requested;
(b) the payment of fees or charges levied under section twentyseven which the person considers unreasonable;
(c) the failure of the public authority to comply with the time
limits set out in section twenty-four;
(d) any other matter relating to a request for or access to
information under this Act.
(2) A third party that is of the opinion that the party’s interests
referred to in section thirteen or fifteen are, or are likely to be, adversely
affected by the decision of a public authority in relation to information
requested under this Act may apply to the Commission for a review of
that decision and shall be given an opportunity to make representations
during the review.
(3) The Commission shall, within thirty days of receiving an
application under subsection (1) or (2), consider such application and
may within that period inquire into or investigate such application as
the Commission may consider necessary.
(4) A review under subsection (2) shall be conducted in accordance
with such regulations as the Commission may, by statutory instrument,
prescribe.
(5) An application for review under this Part shall be made in
writing unless the Commission authorises that it may be made orally
and may be made not later than one year from the date on which the
request for information was received by the public authority concerned.
(6) Subject to subsection (7), the review of a decision of a public
authority under this Act shall not be construed as precluding a person
who makes a request for the review (including a third party) from
making a complaint or allegation to the Human Rights Commission
Review of
decisions
Act No. 39 of
1996
N.A.B 14, 2002