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Section : 35 Direction where refusal or failure to amend exempt document
Domain : Human Resource Management
Classification : Not Identified
Text Content
- (b) the period within which an appeal may be made to the Federal Court has expired or, if such an appeal has been instituted, the appeal has been determined;
- (c) the effect of the review and any appeal is that access is not to be given to the document;
- (d) the applicant has requested the agency concerned to amend the document;
- (e) the applicant has complained to the Commissioner under this Act about the refusal or failure of the agency to amend the document;
- (f) the Commissioner has, as a result of the complaint, recommended under subsection 30(3) of this Act that the agency amend the document, or amend a part of the document, to which the applicant has been refused access; and
- (g) as at the end of 60 days after a copy of the report containing the recommendation was served on the agency, the Commissioner:
- (i) still thinks that the agency should amend the document in a particular manner; and
- (ii) is not satisfied that the agency has amended the document in that manner;