OIC note: The operation of this provision is explained in the Annotation to section 47(3)(e) of the RTI Act.
(1) For section 47(3)(e), a document is nonexistent or unlocatable if –
(a) the agency or Minister dealing with the application for access is satisfied the document does not exist; or
Example – a document that has not been created
(b) the agency or Minister dealing with the application for access is satisfied –
(i) the document has been or should be in the agency's or Minister's possession; and
(ii) all reasonable steps have been taken to find the document but the document can not be found.
- a document that has been lost
- a document that has been disposed of under an authority given by the State Archivist
Under the Public Records Act 2002, section 12, it is an offence to dispose of a public record without authority.