Extensions

Question 1

ATI act: 9 (1) Extension of time limits: The head of a government institution may extend the time limit set out in section 7 or subsection 8(1) in respect of a request for a reasonable period of time, having regard to the circumstances, if ?

Answer 1

9(1) (a) the request is for a large number of records or necessitates a search through a large number of records and meeting the original time limit would unreasonably interfere with the operations of the government institution

9(1) (b) consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or

(c) notice of the request is given pursuant to subsection 27(1) - Notice to third parties regarding records that contains S.20 Third party information by giving notice of the extension and, in the circumstances set out in paragraph (a) or (b), the length of the extension, to the person who made the request within thirty days after the request is received, which notice shall contain a statement that the person has a right to make a complaint to the Information Commissioner about the extension.

Question 2

9(2) Notice of extension to Information Commissioner:

Answer 2

2) Where the head of a government institution extends a time limit under subsection (1) for more than thirty days, the head of the institution shall give notice of the extension to the Information Commissioner at the same time as notice is given under subsection (1).

Question 3

Privacy act : 15 Extension of time limits: The head of a government institution may extend the
time limit set out in section 14 in respect of a request for ?

Answer 3

(a) a maximum of thirty days

Question 4

Privacy act : 15 Extension of time limits: The head of a government institution may extend the
time limit set out in section 14 in respect of a request if

Answer 4

(a) a maximum of thirty days if:
(i) meeting the original time limit would unreasonably interfere with the operations of the government institution, or
(ii) consultations are necessary to comply with the request that cannot reasonably be completed within the original time limit, or
(b) such period of time as is reasonable, if additional time is necessary for translation purposes or for the purposes of converting the personal information into an alternative format,

by giving notice of the extension and the length of the extension to the individual who made the request within thirty days after the request is received, which notice shall contain a statement that the individual has a right to make a complaint to the Privacy Commissioner about the extension.