18 Refusal of requests

A request made in accordance with section 12 may be refused only for 1 or more of the following reasons, namely:

(a)

that, by virtue of section 6 or section 7 or section 9, there is good reason for withholding the information:

(b)

that, by virtue of section 10, the department or Minister of the Crown or organisation does not confirm or deny the existence or non-existence of the information requested:

(c)

that the making available of the information requested would—

(i)

be contrary to the provisions of a specified enactment; or

(ii)

constitute contempt of court or of the House of Representatives:

(d)

that the information requested is or will soon be publicly available:

(da)

that the request is made by a defendant or a person acting on behalf of a defendant and is—

(i)

for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or

(ii)

for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defendant under that Act:

(e)

that the document alleged to contain the information requested does not exist or, despite reasonable efforts to locate it, cannot be found:

(f)

that the information requested cannot be made available without substantial collation or research:

(g)

that the information requested is not held by the department or Minister of the Crown or organisation and the person dealing with the request has no grounds for believing that the information is either—

(i)

held by another department or Minister of the Crown or organisation, or by a local authority; or

(ii)

connected more closely with the functions of another department or Minister of the Crown or organisation or of a local authority:

(h)

that the request is frivolous or vexatious or that the information requested is trivial.

Section 18(a): amended, on 1 April 1987, by section 4(2) of the Official Information Amendment Act 1987 (1987 No 8).

Section 18(c)(ii): amended, on 1 April 1987, by section 10 of the Official Information Amendment Act 1987 (1987 No 8).

Section 18(da): inserted, on 29 June 2009, by section 38 of the Criminal Disclosure Act 2008 (2008 No 38).

Section 18(e): amended, on 26 March 2015, by section 8 of the Official Information Amendment Act 2015 (2015 No 29).

Section 18(g)(i): amended, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).

Section 18(g)(ii): amended, on 1 March 1988, by section 57(1) of the Local Government Official Information and Meetings Act 1987 (1987 No 174).