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Drawer 02

Day 46. No answer. Internal review.

The 45 days ran out and nothing came. The Act says that is a refusal. This asks for the review the refusal opens.

Subject: [their reference] — application for internal review — [your full name], DOB [your date of birth]

Dear Coordinator,

My access application [their reference] was received on [the date they received it]. I did not agree to an extension of the permitted period. The 45-day period under s 13(3) ended on [the date the period ended]. Under s 13(2) the agency is taken to have refused access on that date.

I apply for internal review of that decision under s 40. Please provide the decision within 15 days.

[your full name]
[your email]
today

Which body

The same agency, same FOI address. Someone senior to the original decision-maker has to do it (s 41).

Which clock

30 days to apply · 15 days for them to decide

FOI Act 1992 (WA) s 40(2), s 43(2)

Which document

Nothing. Quote the file reference and the date they received the application.

The receipts
(2) If the applicant does not receive notice under subsection (1)(b) within the permitted period the agency is taken to have refused, at the end of that period, to give access to the documents and the applicant is taken to have received written notice of that refusal on the day on which that period ended.FOI Act 1992 (WA) s 13(2)
(2) An aggrieved person may lodge an application for review within 30 days after being given written notice of the decision.FOI Act 1992 (WA) s 40(2)
(2) If the agency fails to give notice of its decision on the application for review within 15 days after it is lodged, or such longer period as is agreed between the agency and the access applicant, the agency is to be taken to have decided to confirm the decision under review.FOI Act 1992 (WA) s 43(2)