Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 12

Notices to require specification of documents in statements

12. Notices to require specification of documents in statements



(1) A person may serve upon the principal officer of an agency, other than a
council a notice in writing stating that, in the opinion of the person, a
statement published by the principal officer under sections 8(2)(a) or (b) or
11(2)(a) or (b) does not specify a document as described in section 8(1) or
11(1) that was required to be specified in the statement.

(2) The principal officer shall-

   (a)  make a decision within 21 days of receiving a notice as to whether to
        specify in the next statement to be published under section 8(2)(b) or
        section 11(2)(b), as the case may be, the document referred to in the
        notice; and

   (b)  cause the person to be given notice in writing of his decision.

(3) Where the decision is adverse to the person's claim, the notice shall-

   (a)  state the findings on any material questions of fact, referring to the
        material on which those findings were based, and the reasons for the
        decision; and

   (b)  inform the person of-

   (i)  his right to apply for a review of the decision;

   (ii) the authority to which the application for review should be made; and

   (iii) the time within which the application for review must be made.
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