Freedom of Information Act 1982


SECTION 54D   Internal review - deemed affirmation of original decision  

This section applies if:

(a) an application for internal review has been made to an agency; and

(b) the period (the initial decision period ) of 30 days (as mentioned in subsection 54C(3) ) has ended since the day the application for internal review was received by the agency; and

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

Subject to this section:

(a) the principal officer of the agency is taken to have made a decision personally affirming the original decision 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 internal review applicant on the same day.

Agency may apply for further time

However, the agency may apply, in writing, to the Information Commissioner for further time to deal with the application.

The Information Commissioner may allow further time considered appropriate by the Information Commissioner for the agency to deal with the application.

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

Subsection (2) (deemed affirmation) does not apply, and is taken never to have applied, if the agency:

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

(b) complies with any condition imposed under subsection (5).

However, subsection (2) (deemed affirmation) applies as if the initial decision period were extended by the time allowed by the Information Commissioner under subsection (4) if the agency:

(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 (5).

No further time allowed

If subsection (7) (deemed affirmation 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 (2) in its operation as affected by subsection (7).

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