7
each document, the provision or provisions of this Act under which that document if claimed to be an exempt
document if (a) it is apparent from the nature of the document as described in the request that all of the documents to
which the request is expressed to relate are exempt documents; and
(b) either (I) it is apparent from the nature of the documents as so described that no obligation would arise under section
16(2) in relation to any of those documents to grant access to an edited copy of the document; or
(II) it is apparent from the request or as a result of consultation by the public authority with the applicant, that
the applicant would not wish to have access to an edited copy of the document.
(6) A public authority shall not refuse to grant access to a document under subsection (1) unless the public
authority has (a) given the applicant a written notice (I) stating the intention to refuse access; and
(II) identifying an officer of the public authority with whom the applicant may consult with a view to making the
request in a form that would remove the ground for refusal;
(b) given the applicant a reasonable opportunity so to consult; and
(c) as far as is reasonably practicable, provide the applicant with any information that would assist the making
of the request in a form that would remove the ground for refusal.
(7) For the purposes of section 15, the period commencing on the day an applicant is given notice under
subsection (6)(a) and ending on the day the applicant confirms or alters the request following the consultation
referred to in subsection (6) is to be disregarded in the computation of the thirty day period referred to in
section 15.
22. (1) A decision in respect of a request made to a public authority may be made, on behalf of the public
authority, by the Responsible Minister, a Permanent Secretary, a Head of Department, a Chief Executive
Officer or a designated officer of the public authority or by an officer of the public authority acting within the
scope of authority exercisable by him in accordance with arrangements approved by the Responsible Minister,
a Permanent Secretary, a Head of Department or a Chief Executive Officer.
(2) Where a request is made to a public authority for a document, and no arrangements in respect of
documents of that type have been made and published under the regulations, a decision on that request shall,
for the purpose of enabling an application for judicial review to be made, be deemed to have been made by
the responsible Minister of the public authority.
23. (1) Where in relation to a request for access to a document of a public authority, a decision is made under
this Part that the applicant is not entitled to access to the document in accordance with the request or that
provision of access to the document be deferred or that no such document exists, the public authority shall
cause the applicant to be given notice in writing of the decision, and the notice shall (a) state the findings on any material question of fact, referring to the material on which those findings were
based, and the reasons for the decision;
(b) where the decision relates to a public authority, state the name and designation of the person giving the
decision;
(c) where the decision does not relate to a request for access to a document which if it existed, would be an
exempt document but access is given to a document in accordance with section 16(2), state that the
document is a copy of a document from which exempt information has been deleted;
(d) inform the applicant of his right to apply to the High Court for judicial review of the decision and the time
within which the application for review is required to be made;
(e) where the decision is to the effect that the document does not exist or cannot, after a thorough and diligent
search, be located, inform the applicant of his right to complain to the Ombudsman.
(2) In a notice under subsection (1), a public authority (a) shall not be required to include any matter that is of such a nature that its inclusion in a document of a
public authority would cause that document to be an exempt document;
(b) if the decision relates to a request for access to a document which is an exempt document under section
24, 25 or 28 or which, if it existed, would be an exempt document under section 24, 25 or 28, may state the
decision in terms which neither confirm or deny the existence of any document.
PART IV
EXEMPT DOCUMENTS
24. (1) A document is an exempt document if it is (a) the official record of any deliberation or decision of Cabinet;
(b) a document that has been prepared by a Minister of Government or on his behalf or by a public authority
for the purpose of submission for consideration by Cabinet or a document which has been considered by
Cabinet and which is related to issues that are or have been before Cabinet;
(c) a document prepared for the purpose of briefing a Minister of Government in relation to issues to be
considered by Cabinet;
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