Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 25A

Requests may be refused in certain cases

25A. Requests may be refused in certain cases



(1) The agency or Minister dealing with a request may refuse to grant access
to documents in accordance with the request, without having caused the
processing of the request to have been undertaken, if the agency or Minister
is satisfied that the work involved in processing the request-

   (a)  in the case of an agency-would substantially and unreasonably divert
        the resources of the agency from its other operations; or

   (b)  in the case of a Minister-would substantially and unreasonably
        interfere with the performance of the Minister's functions.

(2) Subject to subsection (3) but without limiting the matters to which the
agency or Minister may have regard in deciding whether to refuse under
subsection (1) to grant access to the documents to which the request relates,
the agency or Minister is to have regard to the resources that would have to
be used-

   (a)  in identifying, locating or collating the documents within the filing
        system of the agency, or the office of the Minister; or

   (b)  in deciding whether to grant, refuse or defer access to documents to
        which the request relates, or to grant access to edited copies of such
        documents, including resources that would have to be used-

   (i)  in examining the documents; or

   (ii) in consulting with any person or body in relation to the request; or

   (c)  in making a copy, or an edited copy, of the documents; or

   (d)  in notifying any interim or final decision on the request.

(3) The agency or Minister is not to have regard to any maximum amount,
specified in regulations, payable as a charge for processing a request of that
kind.







(4) In deciding whether to refuse, under subsection (1), to grant access to
documents, an agency or Minister must not have regard to-

   (a)  any reasons that the person who requests access gives for requesting
        access; or

   (b)  the agency's or Minister's belief as to what are his or her reasons
        for requesting access.

(5) An agency or Minister may refuse to grant access to the documents in
accordance with the request without having identified any or all of the
documents to which the request relates and without specifying, in respect of
each document, the provision or provisions of this Act under which that
document is claimed to be an exempt document if-

   (a)  it is apparent from the nature of the documents as described in the
        request that all of the documents to which the request is expressed to
        relate are exempt documents; and

   (b)  either-

   (i)  it is apparent from the nature of the documents as so described that
        no obligation would arise under section 25 in relation to any of those
        documents to grant access to an edited copy of the document; or

   (ii) it is apparent, from the request or as a result of consultation by the
        agency or Minister with the person making the request, that the person
        would not wish to have access to an edited copy of the document.

(6) An agency or Minister must not refuse to grant access to a document under
subsection (1) unless the agency or Minister has-

   (a)  given the applicant a written notice-

   (i)  stating an intention to refuse access; and

   (ii) identifying an officer of the agency or a member of staff of the
        Minister with whom the applicant may consult with a view to making the
        request in a form that would remove the ground for refusal; and

   (b)  given the applicant a reasonable opportunity so to consult; and

   (c)  as far as is reasonably practicable, provided the applicant with any
        information that would assist the making of the request in such a
        form.

(7) For the purposes of section 21, the period commencing on the day an
applicant is given a notice under subsection (6)(a) and ending on the day the
applicant confirms or alters the request following the consultation referred
to in subsection (6) is to be disregarded in the computation of the 45 day
period referred to in section 21.

(8) If a complaint is made to the Ombudsman about a decision to refuse access
to a document under this section, the Ombudsman must deal with the complaint
within 28 days.

(9) If the applicant is not satisfied with a decision of the Minister or the
agency about which a complaint has been made to the Ombudsman, the applicant
may, after the expiration of 28 days after making the complaint, apply to the
Tribunal for review of the decision.

(10) If an applicant applies to the Tribunal for review of a decision of the
Minister or agency about which a complaint has been made to the Ombudsman, the
Ombudsman must provide a written report to the Tribunal.