Application of section 55 RTI Act

If an applicant can reasonably obtain access to a document under an Act other than the RTI Act, access to the document is otherwise available for the purposes of section 53(a) of the RTI Act, whether a fee or charge applies.

Refer to Refuse access to a document - other access available for guidance on applying this section.

Section 55 of the RTI Act provides that an agency can neither confirm nor deny the existence of a document if that document contains prescribed information. This provision is intended to be used only when making any other decision would reveal information that could cause a public interest harm.

For a decision notice template and guidance on applying this section refer to Neither confirm nor deny the existence of documents.