Freedom of Information Act 1982


Division 4 - Procedure in Tribunal  

SECTION 62   Application of section 28 of Administrative Appeals Tribunal Act etc.  

Where, in relation to a decision in respect of a request, the applicant has been given a notice in writing under section 26 , section 28 of the Administrative Appeals Tribunal Act 1975 does not apply to that decision.

If the Tribunal, upon application for a declaration under this subsection made to it by a person to whom a notice has been furnished in pursuance of subsection 26(1) , considers that the notice does not contain adequate particulars of findings on material questions of fact, an adequate reference to the evidence or other material on which those findings were based or adequate particulars of the reasons for the decision, the Tribunal may make a declaration accordingly, and, where the Tribunal makes such a declaration, the person responsible for furnishing the notice shall, as soon as practicable but in any case within 28 days after the Tribunal makes the declaration, furnish to the applicant an additional notice or additional notices containing further and better particulars in relation to matters specified in the declaration with respect to those findings, that evidence or other material or those reasons.

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