Decision under section 31, 2022 OIC 48
The Information Commissioner determined that a complaint was inadmissible because it was not filed within the 60-day time limit required by section 31 of the Access to Information Act. The complainant argued that the time limit should start from when they recovered a deleted email from the institution, but the Commissioner found that the period for submitting the complaint began the day after the institution's response was received. The Act does not grant the Commissioner the power to extend this mandatory time limit.
- Timeliness of complaint submission under section 31 of the ATIA
- Interpretation of 'in any other case' in section 31
- Commencement date for the 60-day complaint period
Complaint inadmissible due to untimeliness
The complaint was filed outside the mandatory 60-day time limit stipulated by section 31 of the Access to Information Act, and the Commissioner lacks the authority to extend this period.
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- s.31 ATIA
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