Freedom of Information 10 5 If an information officer fails to notify a decision on a request for access to information— (a) within the period specified in section 8(1); or (b) where that period has been extended in accordance with section 9, within the extended period; the information officer shall be deemed to have refused the request 11 10 15 20 25 30 40 Deferment of access (1) An information officer who receives a request may defer the provision of access to the information if— (a) the information has been prepared for presentation to Parliament; or (b) the information or part thereof constitutes a report that has been prepared for the purpose of reporting to a public entity or to a public officer, but only until the report has been presented or made available to that public entity or public officer or upon the expiration of thirty days from the date of the request, whichever is the sooner; or (c) the information is sub judice. (2) If an information officer defers access to information in terms of subsection (1), he or she must notify the applicant in writing of— (a) the deferral within twenty-one days of the date of the request; and (b) the reason for the deferral, including the provisions of this Act relied on; and (c) the likely period for which access is to be deferred; and (d) the applicant’s right to make representations, within fourteen days of receiving notice, to the information officer regarding why the information is required before such presentation, in the case of a deferral by reason of subsection (1)(a) or (b). (3) If representations have been made in terms of subsection (2)(d), an information officer shall, after due consideration of those representations, within five days of the representations being made, grant the request for access if there are reasonable grounds for believing that the applicant will suffer substantial prejudice if access to the information is deferred for the period referred to in subsection (2)(c). 12 35 Deemed refusal Information that cannot be found or does not exist (1) If an information officer has— (a) taken all reasonable steps to find the information requested; and (b) concluded that the information— (i) cannot be found; or (ii) does not exist; the information officer shall, within twenty-one days of the receipt of the request, notify the applicant in writing that the information cannot be found or does not exist. (2) If information is found after notification of the applicant in terms of subsection (1), the information officer must notify the applicant in writing within fourteen days of the information being found and thereafter proceed in terms of section 8. 13 45 Forms of access (1) Access to information must be given to an applicant in one or more of the following forms— 9