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Legislative Assembly for the ACT: 2018 Week 10 Hansard (20 September) . . Page.. 3936 ..


Freedom of Information Act, pursuant to section 39—Copy of notice provided to the Ombudsman—Community Services Directorate—Freedom of Information request—Decision not made in time, dated September 2018.

I ask leave to make a statement in relation to the paper.

Leave granted.

MS BERRY: Today I am tabling a notice provided to the Ombudsman by the Community Services Directorate as required under the Freedom of Information Act 2016, section 39(1)(c). The notice is required when an FOI decision is not made within the statutory time allowed and is taken to be a refusal to give access to the information.

An FOI access application was received by the Community Services Directorate on 19 July 2018 for personal information relating to a housing tenant and was due to the applicant on 16 August 2018. Consultation with a third party was required and undertaken, therefore extending the statutory due date by 15 working days, to 6 September 2018.

Due to the large number of access applications in the system, with in excess of 35 access applications received ahead of the applicant's, the directorate did not decide the application by the statutory due date. The directorate asked the applicant for additional time to process this application which was not granted.

The directorate did not apply to the Ombudsman for an extension of time pursuant to section 41(1) of the FOI Act as the application did not meet the requirements under section 41(2) of the FOI Act, which states:

The ombudsman may, on application under subsection (1), extend the time to decide an access application if the ombudsman believes it is not reasonably possible for the respondent to deal with the application within the period for deciding the application under section 40 because the application involves dealing with—

(a) a large volume of information; or

(b) complex and potentially conflicting public interest factors.

The directorate will continue to deal with the application and give notice of a decision on the application.

Construction activities in Gungahlin—business impact assessment

Paper and statement by minister

MS FITZHARRIS (Yerrabi—Minister for Health and Wellbeing, Minister for Higher Education, Minister for Medical and Health Research, Minister for Transport and Minister for Vocational Education and Skills) (3.20): For the information of members I present the following paper:


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