Notices of determination
23 Notices of determination
An agency must notify an applicant in writing—
of its determination of his or her application; or
if the application relates to a document that is not held by the agency—of the fact that the agency does not hold such a document.
Such a notice must specify—
the day on which the determination was made; and
—
the name and designation of the officer by whom the determination was made; and
the rights of review conferred by this Act; and
the procedures to be followed for the purpose of exercising those rights; and
if the determination is to the effect that access to a document is to be given (either immediately or subject to deferral)—the amount of any charge payable in respect of the giving of access; and
if the determination is to the effect that the document is an exempt document and that access is to be given to a copy of the document from which exempt matter has been deleted—the fact that the document is such a copy and the provision of Schedule
1 by virtue of which the document is an exempt document; and
if the determination is to the effect that access to a document is to be given subject to deferral—
the reason for the deferral; and
if applicable—the likely period of deferral; and
if the determination is to the effect that access to a document is refused—
the reasons for the refusal, including—
the grounds for the refusal under section 20(1);
and
if a ground for the refusal is that the document is an exempt document—the particular provision of Schedule
1 by virtue of which the document is an exempt document and, if under the provision disclosure of the document must, on balance, be contrary to the public interest in order for the document to be exempt, the reasons why disclosure of the document would be contrary to the public interest; and
the findings on any material questions of fact underlying the reasons for the refusal, together with a reference to the sources of information on which those findings are based; and
the amount of any charge for dealing with the application, together with—
a statement of any amount payable by the applicant; or
a statement of any amount refundable to the applicant, in relation to the charge, having regard to the sum of any advance deposits paid in respect of the application.
Where an applicant applies for access to a document that is an exempt document for reasons related to criminal investigation or law enforcement, the notice may be given in a form that neither admits or denies the existence of the document and, if disclosure of the existence of the document could prejudice the safety of a person, the notice must be given in that form.
An agency is not required to include in a notice any matter if its inclusion in the notice would result in the notice being an exempt document.
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