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RIGHT TO INFORMATION ACT 2009 - SECT 94
Information commissioner may decide not to review
94 Information commissioner may decide not to review
(1) The information commissioner may decide not to deal with, or not to
further deal with, all or part of an external review application if— (a) the
commissioner is satisfied the application, or the part of the application, is
frivolous, vexatious, misconceived or lacking substance; or
(b) the applicant
for external review fails to comply with a direction given by the
commissioner; or
(c) the commissioner considers the applicant for external
review has failed to cooperate in progressing the external review application,
or the part of it, without reasonable excuse; or
(d) the commissioner
considers the address the applicant for external review stated in the
application is no longer an address at which the applicant is contactable and
the applicant has not, within a reasonable time, advised the commissioner of a
new address of the applicant to which notices may be sent under this Act.
(2)
If the commissioner decides not to deal with, or not to further deal with, all
or part of an external review application, the commissioner must, as soon as
practicable, inform each of the following persons in writing of the decision
and of the reasons for the decision— (a) the applicant for external review,
unless subsection (1) (d) applies;
(b) any other person informed by the
commissioner of the proposed external review.
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