Freedom of Information 38 5 10 Decision on appeal and notification thereof (1) The decision on an appeal must be made with due regard to— (a) the particulars stated in the appeal; and (b) any reasons submitted by the information officer for the decision appealed against; (c) any representations made by an applicant or a third party in terms of section 32; and (d) if a third party cannot be located, the fact that the third party did not have the opportunity to make representations as to why the appeal should be dismissed. (2) When deciding on the appeal, the Commission may confirm the decision appealed against or substitute a new decision for it. (3) The Commission shall decide the appeal— (a) as soon as reasonably possible, but in any event within thirty days of the date of the lodging of the appeal; (b) if notice is given to an applicant in terms of section 37(6), within five working days after the applicant concerned has made written representations in terms of section 38(7). 15 20 (4) The Commission shall, immediately after the decision on an appeal, give notice of the decision to every interested party in the matter. 25 (5) The notice in terms of subsection (4) shall— (a) state adequately, the reasons for the decision, including the provision of this Act relied upon; and (b) state that the applicant or the third party may appeal to the High Court against the decision on appeal within thirty days of the date of the decision and the procedure for lodging the appeal; and (d) if the Commission decides on an appeal to grant a request for access, state that access shall be granted after the expiry of thirty days of the date of the notice if no appeal is lodged against such decision within that period. 30 (6) If the Commission fails to give notice of the decision on an appeal to the appellant in the period contemplated in subsection (3), it shall be deemed to have determined the appeal in favour of the appellant. PART VII General 39 35 No criminal or civil liability shall attach to any person with respect to anything done or omitted to be done in good faith and without gross negligence in the exercise or performance or purported exercise or performance of any function in terms of this Act. 40 40 Liability Regulations (1) The Commission, after consultation with the Minister, may make regulations providing for all matters which by this Act are required or permitted to be prescribed or which, in the Commission’s opinion, are necessary or convenient to be prescribed in order to carry out or give effect to this Act. 23