MT
Application and other Forms Regulations, 2010
Table of Provisions (9)
Statutory Text (9 Articles)
VER|JONI ELETTRONIKA
L.N. 160 of 2010
FREEDOM OF INFORMATION ACT
(CAP. 496)
Application and other Forms Regulations, 2010
IN exercise of the powers conferred by article 42(a) of the
Freedom of Information Act, the Minister for Justice and Home
Affairs has made the following regulations:-
(1)
The title of these regulations is Application and
other Forms Regulations, 2010.
(2) These regulations shall come into force on the 21st April,
2010.
(Application Form)
(Regulation 3)
[Public Authority]
Request for Document/Information Form
(Freedom of Information Act, Cap.496)
Details to be filled in by applicant
(in case of difficulty assistance will be provided by the [Public Authority’s] FOI Officer [contact details to be
provided])
I hereby declare that I am an eligible person in terms of the Freedom of Information Act (Cap. 496), which
defines an " eligible person " as " a person who is resident in Malta and who has been so resident in Malta for
a period of at least five years, and who is either a citizen of Malta or a citizen of any other member state of
the European Union or a citizen of any other state the citizens of which have a right, in virtue of any treaty
between such state and the European Union, to be treated in Malta in the same manner as citizens of
member states of the European Union. "
Surname: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Identity Card or Residence Permit No: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Postal Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E-mail address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(required only when document is requested in electronic format)
Body Corporate on behalf of which information is being requested ( if applicable )
Description of document / information / decision or recommendation in relation to which
information is being requested
Preferred manner of access to the requested document
(please tick where appropriate)
(To be filled in only in the case of a request for access to a document)
VER|JONI ELETTRONIKA
Inspection of document at [Public Authority]
Electronic copy of document
Copy or print-out of document
Summary or excerpt of document contents (reference is made to Note 7)
Signature
Date
(not required if form is
submitted electronically)
DATA PROTECTION STATEMENT
Personal data collected in this form is for the purpose to process the request as
regulated by the Freedom of Information Act (Cap. 496). All personal data will be
processed in accordance with the Data Protection Act (Cap. 440).
Notes to applicant
(1)
This form is to be filled in by those applicants requesting documents or information, including information in
relation to a decision or recommendation made by the Public Authority in their respect.
(2)
In the case of information requested in relation to a decision or recommendation made by the Public
Authority in respect of the applicant, the request must be made within six months from the relevant decision
or recommendation.
(3)
Insofar as possible, access to the document shall be provided in accordance with the applicant’s preference
(4)
In the case of documents that are a recording of sounds and visual images, the [Public Authority] may make
arrangements for the applicant to hear or view those sounds or visual images. In the case of documents in
shorthand or codified form, a transcript thereof shall be provided.
(5)
The [Public Authority] undertakes to submit notification indicating whether a request would be met or not in
terms of the Freedom of Information Act as soon as reasonably practicable, and in any case not later than
twenty working days. Such timeframe may be extended by up to forty working days in line with article 11 of
the Freedom of Information Act, in which case the applicant will be given notice of the extension and the
reasons thereof.
(6)
[Information concerning the Public Authority’s Internal Complaints Procedure]
(7)
Fees are charged by [Public Authority] in accordance with the Fees charged by Public Authorities for access
to Documents Regulations, 2010.
(8)
The Freedom of Information Act entitles the applicant to address complaints or to seek investigation and
review by the Information and Data Protection Commissioner, as the case may be, following recourse to the
Public Authority’s internal complaints procedure.
(9)
Requesting an excerpt or summary of a document may reduce the cost of a particular request whenever the
information required is contained in a large document also containing other information that is not relevant to
the request.
VER|JONI ELETTRONIKA
In these regulations, unless the context otherwise requires:-
"application form" means the form in the First Schedule;
"reply forms" means the forms in the Second Schedule;
"single request" means a request for one document or a
request for specific or closely related information; and
"the Act" means the Freedom of Information Act, and
words and expressions which are also used in the Act shall have
the same meaning assigned to them in the Act.
(Reply Forms)
(Regulation 6)
[Public Authority]
Extension of timeframe for notification indicating
whether a request would be met or not
(Freedom of Information Act, Cap. 496)
Mr./Ms.
You are hereby being informed that the [Public Authority] cannot, within twenty working
days, submit notification indicating whether your request can be granted because
the request is for a large number of documents or necessitates a search through a large
number of documents
the [Public Authority] needs to consult third parties before it can decide on your request, and
more time is needed to obtain the necessary feedback
The [Public Authority] will be providing its response to your request by . . . . . . . . . . . . . . . .
Additional Information by the [Public Authority]
(if applicable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the event that you are not in agreement with the [Public Authority’s] decision to
extend the timeframe for the provision of information you may address a complaint
to the Information and Data Protection Commissioner in accordance with article 23
of the Freedom of Information Act, following recourse to the Public Authority’s
internal complaints procedure.
Signature
Date
VER|JONI ELETTRONIKA
[Public Authority]
Granting of access to documents/information
(Freedom of Information Act, Cap. 496)
Mr./Ms.
You are hereby being informed that you will be granted access to the documents or
information you requested in the application form received by [Public Authority] on
(date)
The document will be provided in your preferred format, namely . . . . . . . . . . . . . . . . . . . . . . . . .
(details to be provided)
The document will not be provided in your preferred format, because
This would impair the efficient administration of the Department
This would be contrary to legal duties of the Department
This would prejudice the interests protected by Part V of the Act
This would prejudice the interests protected by Part VI of the Act and those interests are not
outweighed by a contrary public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(details to be provided)
An extract of the document will be provided because the requested document is exempt in
terms of article . . . . . . . . . . . . . . . of the Act and only extracts thereof may be provided. You
are therefore hereby being provided with
a copy of the document, with the necessary deletions or alterations
another document stating the substance and effect of the requested document, except insofar as
this relates to withheld information
the information you requested is contained in a document which covers other matters which,
although not restricted information, is not relevant to your request. If you agree, a copy of this
document will be supplied to you with the irrelevant material deleted for convenience’s sake. Please
indicate to us by e-mail, fax or other written means whether or not you agree. This may affect the
chargeable fee as indicated below
a written statement of the findings on material issues of fact and the reasons for the decision or
recommendation will be provided. Reference to the information on which the findings were based
will be provided
a written statement of the findings on material issues fact and the reasons for the decision or
recommendation will be provided. However, no reference will be made to the information on which
the findings were based, in view of the Department’s obligations in terms of article 20(2) of the Act
VER|JONI ELETTRONIKA
Additional Information by the [Public Authority]
(Whenever the fee cannot be communicated to the applicant in this notification)
Processing Fee
Additional Fee
Total Fee
(may not exceed EUR 40.00)
(Indicate if fee assumes deletion or non-deletion of irrelevant material, where applicable)
[Information about Public Authority’s payment methods and details, and arrangements for picking up
documents/information on or after payment]
[Information about Public Authority’s Internal Complaints Procedure]
In the event that you are not in agreement with the [Public Authority’s] decision not
to provide the document in your preferred format, or with the submission of
extracts of the document requested, or with the [Public Authority’s] application of
the Fees Charged by Public Authorities for Access to Documents Regulations,
following recourse to the Public Authority’s internal complaints procedure, you
may address a complaint to the Information and Data Protection Commissioner in
accordance with articles 9 (Fees) and 23 of the Freedom of Information Act.
Signature
Date
VER|JONI ELETTRONIKA
[Public Authority]
Refusal of access to documents/information
(Freedom of Information Act, Cap. 496)
Mr./Ms.
We regret to inform you that your request for access to documents / information in the
application form received by [Public Authority] on . . . . . . . . (date) cannot be met because
Your request does not satisfy the eligibility criteria in terms of the Act
the document requested is excluded from the scope of the Freedom of Information Act by virtue of
article 5 thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(details to be provided)
the document is withheld in terms of Part V or Part VI of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . .
(details to be provided)
the existence or non-existence of the requested document cannot be confirmed or denied by the
[Public Authority], in accordance with article 34 of the Act
the document requested is publicly available
the document will be published within three months
the document requested cannot be found . . . . . . . . . . . . . . Signature of Head of [Public Authority]
the resources required to identify, locate or collate the document or documents would substantially
and unreasonably divert the resources of the [Public Authority] from its other operations, and it has
not proved possible for you, with advice from the [Public Authority], to redefine the request in such a
manner as to make it more easily addressed by the [Public Authority]
the resources required to examine the document or consult any person or body in relation to its
possible disclosure would substantially and unreasonably divert the resources of the [Public
Authority] from its other operations, and it has not proved possible for you, with advice from the
[Public Authority], to redefine your request in such a manner as to make it more easily addressed by
the [Public Authority]
the resources required to make a copy, or an edited copy, of a document would substantially and
unreasonably divert the resources of the [Public Authority] from its other operations, and it has not
proved possible for you, with advice from the [Public Authority], to redefine your request in such a
manner as to make it more easily addressed by the [Public Authority]
the document requested is not held by the [Public Authority] and the undersigned has no grounds
for believing that the document is held by, or connected more closely with the functions of, another
public authority
the request is considered frivolous, trivial or vexatious . . . . . . . . . . . . . . (additional information, if
required)
the information relating to a decision or recommendation, requested pursuant to article 20 of the Act
is being withheld in terms of Part V or VI of the said Act
VER|JONI ELETTRONIKA
[Information about Public Authority’s Internal Complaints Procedure]
In the event that you are not in agreement with the [Public Authority’s] decision not
to provide the information requested you may seek an investigation and review by
the Information and Data Protection Commissioner in accordance with article 23 of
the Freedom of Information Act, following recourse to the Public Authority’s
internal complaints procedure.
Signature
Date
Mitbug] fl-Istamperija tal-Gvern fuq karta ri`iklata - Printed at the Government Printing Press on recycled paper
€0.84
Applicants shall provide public authorities with the
information indicated in the application form in the First Schedule in
relation to all requests made in terms of the Act.
Applicants shall fill in a separate application form for
every single request.
Public authorities shall make application forms readily
available to the public at their premises and online on their website,
and shall assist applicants in filling in the application forms and in
providing the required information as necessary.
Public authorities shall make notifications and
communicate decisions to applicants utilizing, wherever practicable,
the pertinent reply form in the Second Schedule
VER|JONI ELETTRONIKA
Provided that, whenever use cannot be made of a reply
form from the Second Schedule, public authorities shall nevertheless
provide a reply in writing, and shall remind applicants of their rights
emanating from the Act, in particular the right to address a complaint
in line with the public authority’s internal complaints procedure and
the right to address a complaint or seek investigation and review by
the Information and Data Protection Commissioner
Provided further, that public authorities shall inform
applicants, where applicable, of the rates or the fee applicable to their
request as the case may be.
VER|JONI ELETTRONIKA