s.7Application for access
7
Section 7Part 2 — Right of Access

Application for access

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

A person who wishes to obtain access to a record shall make an application to the public authority which holds that record.
An application under subsection (1) —
may be made in writing or transmitted by electronic means other than telephone;
shall provide such information concerning the record as is reasonably necessary to enable the public authority to identify it.
A public authority to which an application is made shall —
upon request, assist the applicant in identifying the records to which the application relates;
acknowledge receipt of every application made in the prescribed manner;
grant to the applicant access to the record specified in the application if it is not an exempt record.
Where the information provided by the applicant in relation to the record being requested is not reasonably sufficient to enable the public authority to identify it, the authority shall afford the applicant a reasonable opportunity to consult with the authority with a view to reformulating the application so that the record can be identified.
Where the information manager consults with the applicant in order to clarify and reformulate the application for access as provided for in subsection (3A), the timeline will be suspended until such time as the applicant submits the reformulated application for access.
A public authority shall respond to an application as soon as practicable but not later than —
thirty calendar days after the date of receipt of the application; or
in the case of an application transferred to it by another authority pursuant to section 8, thirty calendar days after the date of the receipt by that authority,
so, however, that an authority may, for good cause, extend the period of thirty calendar days for a further period, not exceeding one period of thirty calendar days, in any case where there is reasonable cause for such extension.
The response of the public authority shall state its decision on the application, and where the authority or body decides to refuse or defer access or to extend the period of thirty calendar days, it shall state the reasons therefor, and the options available to an applicant.
Where the decision of the public authority is taken by, or in consultation with, a Minister, chief officer or other officer superior in rank to the information manager, such involvement shall be noted on the written decision on the application.

Defined Terms

applicationpublic authorityinformation manager

Cross References

Referenced By