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FAQ - DA Form 31

What is the purpose of DA Form 31?
In general and consistent with section 9 of the Freedom of Information Act 2000, the purpose of this statutory instrument is to provide a mechanism whereby a request for information may be authorized to be made in accordance with the National Audit Statute. 2.2.3. Request for information Under section 9(3) of the FOR Act if a request for information falls within a category in which the Government is competent to disclose, the Government may refuse the request only if the Information Commissioner considers that it is not justified. That decision is based, among other things, on whether there is a risk, in relation to the requested information, of public harm, which risk is taken into account by the Information Commissioner in reaching his decision. In deciding whether to refuse a request, and in making any other decision relating to the refusal, the Information Commissioner will take into account: — any other statutory provision that may apply to the request. — any previous decision that has been made on the request — the risk, if there is one, that it will be abused and, if there is more than one, the degree of public harm created If the request is not justified, the Information Commissioner will not make a ruling on the merits of whether it is reasonable to refuse the request and, if the Information Commissioner decides to refuse the request, also will not make findings for or against the denial of the request, including any findings or recommendations that are required to be made by the Freedom of Information Act 2000. If the request is not justified, the Information Commissioner will make an estimate of the administrative costs that would be incurred if it were not refused. The Information Commissioner's estimate will relate to either the costs of providing information or the costs of responding to the request. There is no statutory right under section 9 of the FOR Act to request, or to receive, such a determination. In deciding whether to refuse a request that falls within an unclassified category, the Information Commissioner will take into account: — any statutory provision that may apply to the request. — any previous decision that has been made on the request — the risk, if there is one, that it will be abused and, if there is more than one, the degree of public harm created If the request is, or has been, refused on any basis (regarding any of the previous five considerations), the Information Commissioner may refuse to give a written opinion on the request or not to order an assessment of whether the request is unreasonable, but not on any other basis.
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