Division 2 Transfer, amendment or withdrawal of access applications
44 Ways in which applications can be transferred
An agency that receives an access application for government information can transfer the application to another agency either by agency-initiated transfer or by applicant-initiated transfer, as provided by this Division.
Note. A decision to transfer an application to another agency is reviewable under Part 5.
45 Agency-initiated transfer
(1) An agency-initiated transfer of an access application to another agency requires the consent of that other agency and cannot be done unless:
(a) the other agency is known to hold the information applied for and the information relates more closely to the functions of that other agency, or
(b) the agency that receives the application decides that it does not hold the information and the other agency is known or reasonably expected to hold the information.
(2) An agency-initiated transfer cannot be done more than 10 working days after the application was received.
46 Applicant-initiated transfer
(1) An applicant-initiated transfer of an access application to another agency cannot be done unless the applicant and the agency to which the application was made agree that the application should be transferred and it appears that the information relates more closely to the functions of the other agency.
(2) The consent of the other agency is not required for an applicant-initiated transfer and it does not matter whether the agency that is to transfer the application holds the information (or knows whether it holds the information).
47 Notice of transfer of application
An agency that transfers an application must give notice of the transfer to the applicant, advising of the date of transfer and the agency to which it was transferred.
48 Effect of transfer of application
(1) The agency that transfers an application is not required to refund or transfer the application fee to the other agency but cannot impose any processing charges.
(2) The agency that transfers an application has no obligation to decide the application.
(3) An application that is transferred to an agency is deemed to have been received by that agency (on the date that it is received by that agency) as an application made by the applicant to that agency, and is to be acknowledged accordingly by that agency.
(4) The agency to which an application is transferred is not entitled to charge an application fee for the application but is entitled to impose processing charges in accordance with this Act.
49 Amendment of application
(1) An access application may be amended by the applicant at any time before the agency decides the application. Notice of the amendment must be received by the agency before the agency decides the application.
(2) An amendment to reduce the scope of the information applied for does not require the consent of the agency but any other amendment cannot be made without the consent of the agency.
Note. A decision by an agency to refuse to consent to an amendment is not a reviewable decision (but a fresh access application can be made).
(3) The agency must give notice to the applicant confirming the amendment of an access application and the date on which it was amended if the amendment requires the consent of the agency or the amendment was not made by the applicant in writing.
(4) An amendment to reduce the scope of the information applied for does not prevent the agency from imposing a processing charge in respect of time spent before the amendment is made in dealing with any aspect of the access application that the amendment makes unnecessary.
(5) The amendment of an access application does not affect the period within which the application is required to be decided and does not entitle the applicant to a refund or reduction of any application fee or advance deposit already paid.
Note. The period within which an application is required to be decided can be extended by agreement between the agency and applicant.
50 Withdrawal of application
(1) A person who has made an access application may withdraw it at any time before notice of the agency’s decision on the application is given to the person.
(2) The withdrawal of an application does not entitle the applicant to a refund of any application fee or advance deposit already paid.
(3) The agency must give notice to the applicant confirming the withdrawal of an access application and the date on which it was withdrawn if the withdrawal was not made by the applicant in writing.