Section 52(1)

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.

Examples –

• a document that has been lost
• a document that has been disposed of under an authority given by the State Archivist

Note –

Under the Public Records Act 2002, section 12, it is an offence to dispose of a public record without authority.