No. 19 of 2004.
The Freedom of Information
Act, 2004.
19
ANTIGUA
AND
BARBUDA
authority has failed to comply with an obligation under Part 111,
including the following:
(a)
refusing to indicate whether or not it holds a record,
or to communicate information, contrary to section
16;
(b)
failing to respond to a request for information within
the time limits established in section 18;
(c)
failing to provide a notice in writing of its response
to a request for information, in accordance with
section 19;
(d)
failing to communicate information forthwith,
contrary to section 19 (3);
(e)
charging an excessive fee, contrary to section 20;
or
failing to communicate information in the form
requested, contrary to section 21.
42. (1) The Commissioner shall, subject to subsection (2),
decide an application made pursuant to section 41 as soon as is
reasonably possible, and i r ~any case within 30 days, after giving
both the complainant and the relevant public authority or private
body an opportunity to provide their views in writing.
(2) The Commissioner may summarily reject an application(a)
which is frivolous, vexatious or unreasonable; or
(b)
if the applicant has failed to seek or use any other
remedies established by the relevant public which
are available to him.
(3) In an application pursuant to section 41, the burden of
proof shall be on the public authority to show that it acted in
accordance with its obligations under Part 111.
(4) In a decision pursuant to subsection (I), the Commissioner
may(a)
dismiss the application; or
Decision on