Page:Freedom of Information Act 1982 (Australia).pdf/20

 the agency or Minister may refuse to grant access to the documents in accordance with the request without having caused those processes to be undertaken.

(2) Where, in respect of a request of a kind referred to in paragraph (1) (a), it is apparent from the nature of the documents as described in the request that all of the documents to which the request is expressed to relate are exempt documents and that no obligation would arise under section 22 in relation to any of those documents to grant access to a copy of the document with such deletions as are referred to in that section, the agency or Minister may refuse to grant access to the documents in accordance with the request without having identified any or all of the documents to which the request relates and without specifying, in respect of each document, the provision or provisions of this Act under which that document is claimed to be an exempt document.

(3) An agency or Minister shall not refuse to grant access to a document in accordance with a request—
 * (a) on the ground that the request does not comply with sub-section 15 (2); or


 * (b) in accordance with sub-section (1), without first giving the applicant a reasonable opportunity of consultation with a view to the making of the request in a form that would remove the ground for refusal.

Information as to existence of certain documents

25. (1) Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document where information as to the existence or non-existence of that document, if included in a document of an agency, would cause the last-mentioned document to be an exempt document by virtue of section 33 or sub-section 37 (1).

(2) Where a request relates to a document that is, or if it existed would be, of a kind referred to in sub-section (1), the agency or Minister dealing with the request may give notice in writing to the applicant that the agency or the Minister, as the case may be, neither confirms nor denies the existence, as a document of the agency or an official document of the Minister, of such a document but that, assuming the existence of such a document, it would be an exempt document under section 33 or sub-section 37(1) and, where such a notice is given—


 * (a) section 26 applies as if the decision to give such a notice were a decision referred to in that section; and


 * (b) the decision shall, for the purposes of Part VI, be deemed to be a decision refusing to grant access to the document in accordance with the request for the reason that the document would, if it existed, be an exempt document under section 33 or sub-section 37(1), as the case may be.

Reasons and other particulars of decisions to be given

26. (1) Where, in relation to a request, a decision is made under this Part refusing to grant access to a document in accordance with the request or deferring provision of access to a document, the agency or Minister concerned