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(2) The annual report shall include the accounts and
annual financial statement prepared under section 39 and the report
of the audit on the accounts.
(3) The annual report shall also include an overview of
the performance of all public authorities in implementing this Act.
(4) To enable the Commission to comply with subsection
(3), every public authority shall report annually to the Commission
on the steps it has taken to implement this Act, including a report on
the requests for information it has received and how these have been
dealt with.
(5) The Minister shall lay copies of the annual report
before Parliament within two months after receiving the report.
(6) The Commission shall make copies of the report
available to all stakeholders once it has been laid before Parliament.
PART VII–APPEALS
Complaints.
42. (1) A public authority may create an internal appeal
mechanism which requesters may use, if they wish to complain that
they have not been provided with information in accordance with
this Act.
(2) An internal appeals mechanism created by a public
authority under subsection (1) shall be inexpensive, simple and shall
require disposal of the appeal in not more than twenty-one days.
Review by
Commission.
43. A person who has made a request for information to a
public authority and which has been refused may apply to the
Commission for a review of the decision of the public authority and
to ascertain whether the public authority failed to comply with an
obligation under this Act, including–
(a) refusing to indicate whether or not it holds a
record, or to provide access to information,
contrary to section 2;
(b) failing to respond to a request for information
within the time limits established in section
4;
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(c) failing to communicate information in the form
requested under this Act;
(d) charging an excessive fee, contrary to section
6;
(e) refusing to accept an application requesting
access to information; or
(f) any other matter relating to a request for or
access to information under this Act.
44. In an application made under section 43, the burden of
proof shall be on the public authority to show that it acted in
accordance with its obligations under this Act,
Burden of
proof.
45. (1) The Commission shall, on the receipt of an application
for review under section 43, as soon as is reasonably possible, and in
any case not later than fifteen days after giving both the complainant
and the relevant public authority an opportunity to respond in writing,
make an order–
Review of
decision.
(a) rejecting the application; or
(b) requiring the public authority to take such
steps as may be necessary to bring it into
compliance with its obligations under this Act,
including–
(i) providing access to information;
(ii) providing access to information in a
particular form;
(iii) requiring a public or private body to
compensate the complainant for any loss
or other detriment suffered; or
(iv) imposing a fine on the public authority.
(2) The Commission shall serve a notice of its decision,
including any rights of appeal, on both the complainant and the
public authority.