Application of section 41 RTI Act

Section 42 of the RTI Act allows an agency to refuse to deal with a single application or with multiple applications from the same applicant if dealing with them would substantially and unreasonably interfere with the agency's resources.

Before the agency can refuse to deal, they must follow the procedures set out in section 41 and give the applicant a notice of intention to refuse to deal (NIRD). This provides the applicant with an opportunity to change their application(s) so that the agency can process them. The applicant has a set time—the prescribed consultation period—to respond to the NIRD and this time does not count as part of the processing period.

For guidance on applying this section and a NIRD template, refer to Refusal to deal - diversion of resources.