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Freedom of Information Act, 2018 - 6.
pursuant to section 42 as soon as is reasonably possible, and in any case within 30 days,
after giving both the complainant and the relevant public body an opportunity to provide
their views in writing.
(2) The Commissioner may summarily reject applications:
(a) which are frivolous, vexatious or clearly unwarranted; or
(b) where the applicant has failed to use any effective and timely internal appeals
mechanism provided by the relevant public body.
(3) In any application made pursuant to section 42, the burden of proof shall be on the
public body to show that it acted in accordance with its obligations under Part 2.
(4) In his or her decision made pursuant to subsection (1), the Commissioner may
(a) reject the application;
(b) require the public body to take such steps as may be necessary to bring it into
compliance with its obligations pursuant to Part 2;
(c) require the public body to compensate the complainant for any loss or other
detriment suffered; or
(d) in cases of egregious or willful failures to comply with an obligation pursuant
to Part 2, impose a fine on the public body.
(5) The Commissioner shall serve notice of his or her decision, including any rights
of appeal, on both the complainant and the public body.
44. Direct implementation of decision.
(1) The Commissioner may, after giving a public body an opportunity to provide their
views in writing, decide that a public body has failed to comply with an obligation pursuant
to Part 2.
(2) In his or her decision made pursuant to subsection (1), the Commissioner may
require the public body to take such steps as may be necessary to bring it into compliance
with its obligations under Part 3, including by:
(a) appointing an information officer;
(b) publishing certain information and categories of information;
(c) making certain changes to its practices in relation to the keeping, management
and destruction of records, and the transfer of records to the National Archives;
(d) enhancing the provision of training on the right to information for its officials;
(e) providing the Commissioner with an annual report, in compliance with
section 22;
(f) in cases of egregious or willful failures to comply with an obligation under
Part 3, paying a fine.
(3) The Commissioner shall serve notice of his or her decision, including any rights
of appeal, on the public body.
45. Commissioner’s powers to investigate.
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