Application of section 52(2) RTI Act

Before access can be refused to a prescribed document that does not exist, it will be necessary to search a backup system if the agency or Minister considers that the document has been:

• kept in the backup system; and
• can be retrieved from it.

There is no obligation to search the backup system for documents that exist but cannot be found.¹A prescribed document is a document that:

• is required to be kept under the Public Records Act 2002; and
• is not a document that the agency or Minister could lawfully have disposed of under the Public Records Act 2002.

Refer to Documents nonexistent or unlocatable for more information.