QLDIn ForceAct
Right to Information Act 2009
sec.55Information as to existence of particular documents
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### sec.55 Information as to existence of particular documents
Nothing in this Act requires an agency or Minister to give information as to the existence or non-existence of a document containing prescribed information.
For an access application for a document containing prescribed information, the agency or Minister may give a prescribed written notice that does not include the details mentioned in section 191 (a) or (b) but, by way of a decision, states that—
the agency or Minister neither confirms nor denies the existence of that type of document as a document of the agency or a document of the Minister; but
assuming the existence of the document, it would be a document to which access would be refused under section 47 (3) to the extent it comprised prescribed information.
To avoid any doubt, it is declared that a decision that states the matters mentioned in subsection (2) is a decision refusing access to a document under section 47 .
A decision refusing access to a document under section 47 is a reviewable decision—see schedule 4A , section 1 (e) .
s 55 amd 2009 No. 48 s 230 ; 2017 No. 17 s 258 sch 1 ; 2023 No. 32 s 141 s ch 1 pt 2
(sec.55-ssec.1) Nothing in this Act requires an agency or Minister to give information as to the existence or non-existence of a document containing prescribed information.
(sec.55-ssec.2) For an access application for a document containing prescribed information, the agency or Minister may give a prescribed written notice that does not include the details mentioned in section 191 (a) or (b) but, by way of a decision, states that— the agency or Minister neither confirms nor denies the existence of that type of document as a document of the agency or a document of the Minister; but assuming the existence of the document, it would be a document to which access would be refused under section 47 (3) to the extent it comprised prescribed information.
(sec.55-ssec.3) To avoid any doubt, it is declared that a decision that states the matters mentioned in subsection (2) is a decision refusing access to a document under section 47 . A decision refusing access to a document under section 47 is a reviewable decision—see schedule 4A , section 1 (e) .
- (a) the agency or Minister neither confirms nor denies the existence of that type of document as a document of the agency or a document of the Minister; but
- (b) assuming the existence of the document, it would be a document to which access would be refused under section 47 (3) to the extent it comprised prescribed information.