39Deciding access—decision not made in time taken to be

39 Deciding access—decision not made in time taken to be refusal to give access (1) If a respondent does not decide an access application within the time allowed under section 40 or extended under section 41 or section 42, the respondent— (a) is taken to have decided to refuse to give access to the government information applied for; and (b) must refund any fee paid by the applicant relating to the application; and

(c) must give written notice to the ombudsman that a decision relating to the application was not made within time. (2) Also, the respondent must give written notice to the ombudsman that a decision relating to an access application was not made within the time allowed if— (a) under section 78, the ombudsman extends the time for the respondent to decide the access application (the extended time); and (b) the respondent does not decide the access application within the extended time. (3) However, the respondent may continue to deal with the application and give notice of a decision on the application. (4) If notice is given to the ombudsman under subsection (1) (c), the relevant Minister must ensure that a copy of the notice is presented to the Legislative Assembly within 6 sitting days after the access application (including any review or appeal) is finally decided. (5) Subsection (4) does not apply if— (a) the ombudsman extended the time for the respondent to decide the access application under section 78; or (b) the access application is only for personal information. (6) In this section: relevant Minister means— (a) for a notice relating to an access application for which a Minister is the respondent—the Minister; or (b) for a notice relating to an access application for which an agency is the respondent—the Minister responsible for the agency.