- (b) an exempt document:
- (i) under Division 2 of Part IV (exemptions); or
- (ii) within the meaning of paragraph (b) or (c) of the definition of exempt document in subsection 4(1).
(Bold emphasis added.)
21 Section 15 of the FOI Act provides in part:
15 Requests for access
- Persons may request access
(1) Subject to section 15A, a person who wishes to obtain access to a document of an agency or an official document of a Minister may request access to the document.
- Requirements for request
(2) The request must:
- (a) be in writing; and
- (aa) state that the request is an application for the purposes of this Act; and
- (b) provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, to identify it; and
- (c) give details of how notices under this Act may be sent to the applicant (for example, by providing an electronic address to which notices may be sent by electronic communication).
(2A) The request must be sent to the agency or Minister. …
(Bold emphasis added.)
22 Section 24A provides in part:
24A Requests may be refused if documents cannot be found, do not exist or have not been received
- Document lost or non-existent
(1) An agency or Minister may refuse a request for access to a document if:
- (a) all reasonable steps have been taken to find the document; and
- (b) the agency or Minister is satisfied that the document:
- (i) is in the agency's or Minister's possession but cannot be found; or
- (ii) does not exist.
Attorney-General (Cth) v Patrick [2024] FCAFC 126
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