35 Longer processing period

(1) At any time before a deemed decision is taken to have been made in relation to an access application, the agency or Minister may ask the applicant for a further specified period to consider the application.

(2) Additional requests for further specified periods may be made under subsection (1).

(3) The agency or Minister may continue to consider the application and make a considered decision in relation to it only if—

(a) the agency or Minister has asked the applicant for a further specified period under subsection (1); and

(b) the applicant has not refused the request; and

(c) the agency or Minister has not received notice that the applicant has applied for review under this Act.

(4) If a considered decision is made, the considered decision replaces any deemed decision for the purposes of this Act.


The agency or Minister must give prescribed written notice of the considered decision and the considered decision is potentially subject to review under this Act.