If the information or reports are not provided within this period of time (that is 28 days or a longer period specified), the prospective participant is taken to have withdrawn the access request, unless the Agency is satisfied that it was reasonable for the prospective participant not to have complied with the request made by the Agency within that period. [Section 26(3)].

The factors that might be considered in making a determination of reasonableness and the weight likely to be given to these factors are unclear. A prospective participant may wish to submit arguments identifying aspects of the Agency request that were inappropriate or unreasonable, or provide evidence of difficulties faced in attempting to comply with the request within the relevant period, for example:

  • limited availability of required resources or personnel
  • particular sensitivities
  • absence of relevant supports
  • difficulty and inconvenience
  • practical and logistical challenges

If an access request is regarded as having been withdrawn there is no longer any request for the Agency to consider or decide on, and the process is at an end.

Withdrawal does not, however, prevent further application to enter the Scheme.

If no review or consideration is under way, a new access request can be made at any time. [Section19(2)].