Commonwealth Consolidated Acts Commonwealth Consolidated ActsApplications to which this section applies
(1) This section applies in relation to an application to the Archives for access, or for an extension of partial access, to a record referred to in section 31, being an application:
(a) in writing;
(b) expressed to be made in accordance with this section;
(c) specifying an address in Australia at which notices under this Act may be sent to the person making the application; and
(d) providing such particulars, if any, concerning the record to which it relates as are contained in any index or guide published by the Archives.
Note: A determination under section 40B (applications made by persons acting in concert etc.) may have the effect that the application is taken to have been made by someone other than the person who actually made it.
Assistance to make applications
(2) The Archives shall give all reasonable assistance to persons to enable them to make applications complying with paragraph (1)(d).
Timeframe for making decision on application
(3) The Archives must take all reasonable steps to notify the applicant of a decision on an application to which this section applies:
(a) as soon as practicable after the day the application is received by the Archives; and
(b) before the end of the consideration period for the application under section 40A.
Notice of decision relating to refusal to grant access
(5) Where, in relation to an application, a decision is made relating to a refusal to grant access to a record in accordance with the application, the decision - maker shall cause the applicant to be given notice in writing of the decision and the notice shall:
(a) state the findings on any material questions of fact, referring to the material on which those findings were based, and state the reasons for the decision;
(b) where the decision is a decision of the Archives--state the name and designation of the person making the decision; and
(c) give to the applicant appropriate information concerning:
(i) his or her rights with respect to a review of the decision;
(ii) his or her rights to make a complaint to the Ombudsman in relation to the decision; and
(iii) the procedure for the exercise of the rights referred to in subparagraphs (i) and (ii);
including (where applicable) particulars of the manner in which an application for review under section 42 may be made.
(6) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision of the kind referred to in subsection (5).
(7) A notice under subsection (5) is not required to contain any matter that is of such a nature that its inclusion in a record would cause that record to be an exempt record under section 33.
Effect of delay in dealing with application
(8) Where:
(a) an application to which this section applies has been made;
(b) the consideration period for the application under section 40A has ended; and
(c) notice of a decision on the application has not been received by the applicant;
the Archives shall, for the purpose of enabling an application to be made to the Tribunal under section 43, be deemed to have made, on the last day of that period, a decision refusing to grant access to the record on the ground that the record is an exempt record.
(9) Where a complaint is made to the Ombudsman under the Ombudsman Act 1976 concerning failure to make and notify to the applicant a decision on an application (whether the complaint was made before or after the end of the consideration period for the application under section 40A), an application to the Tribunal under section 43 of this Act by virtue of subsection (8) shall not be made before the Ombudsman has informed the applicant of the result of the complaint in accordance with section 12 of the Ombudsman Act 1976 .
(10) Where such a complaint is made before the end of the consideration period for the application under section 40A, the Ombudsman, after having investigated the complaint, may, if he or she is of the opinion that there has been unreasonable delay by the Archives in connection with the request, grant to the applicant a certificate certifying that he or she is of that opinion, and, if the Ombudsman does so, the Archives shall, for the purpose of enabling application to be made to the Tribunal under section 43, be deemed to have made, on the day on which the certificate is granted, a decision refusing to grant access to the record on the ground that the record is an exempt record.
(11) Where, after an application has been made to the Tribunal by virtue of subsection (8) but before the Tribunal has finally dealt with the application, a decision in the matter to which the application relates is given by the Archives, being a decision that is not satisfactory to the applicant, the Tribunal may, at the request of the applicant, treat the proceedings as extending to a review of that decision in accordance with this Part.
(12) Before dealing further with an application made to it by virtue of subsection (8), the Tribunal may, on the application of the Director - General, allow further time to the Archives to deal with the application for access.