108   Delayed decisions

(1)  The ADT may on the application of an agency make an order allowing the agency further time to decide an access application if the decision that is the subject of ADT review is a decision the agency is deemed to have made because the access application or internal review concerned was not decided within time (referred to in this section as a deemed refusal decision).

(2)  Such an order may be made subject to such conditions as the ADT thinks fit, including either of the following conditions:

(a)  a condition that if a decision is made to provide access to the information concerned during the further time allowed, any charge that would otherwise be payable in connection with providing that access is to be reduced or waived and the applicant for the ADT review may apply to the ADT for an order that the applicant’s costs in proceedings on the ADT review are to be paid by the agency,

(b)  a condition permitting the agency to impose processing charges for work done in connection with the access application (as if the application had been decided within time).

(3)  If an agency makes a reviewable decision (the subsequent decision) on an access application following a deemed refusal decision on the application and while the deemed refusal decision is the subject of ADT review, the ADT may on application by the applicant deal with the application for ADT review as if it were an application for review of the subsequent decision.