Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 27

Reasons etc. to be given

27. Reasons etc. to be given



(1) Where, in relation to a request for access to a document of an agency or
an official document of a Minister, a decision is made under this Part that
the applicant is not entitled to access to the document in accordance with the
request or that provision of access to the document be deferred or that no
such document exists, the agency or Minister shall cause the applicant to be
given notice in writing of the decision, and 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;

   (b)  where the decision relates to an agency, state the name and
        designation of the person giving the decision;

   (c)  where access is given to a document in accordance with section 25
        state that the document is a copy of a document from which exempt or
        irrelevant matter has been deleted;

   (d)  inform the applicant 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;

   (da) where the decision relates to a refusal to grant access to a document
        containing health information on the ground referred to in section 36
        of the Health Records Act 2001, inform the applicant of the time
        within which-

   (i)  a written notice may be given under section 38(1) of the
        Health Records Act 2001 nominating a health service provider for the
        purposes of Division 3 of Part 5 of that Act;

   (ii) an application for a review of the decision may be made under section
        51(1) of this Act;

   (iii) an application for conciliation may be made under section 51A(1) of
        this Act;

   (db) where the decision relates to a refusal to grant access to a document
        containing health information on a ground other than the ground
        referred to in section 36 of the Health Records Act 2001, inform the
        applicant of the time within which-

   (i)  an application for a review of the decision may be made under section
        51(1) of this Act;

   (ii) if applicable, an application for conciliation may be made under
        section 51A(1) of this Act;

   (e)  where the decision does not relate to a request for access to a
        document that if it existed would be, an exempt document under section
        28, 29A or 31 but the decision is to the effect that the document does
        not exist or cannot, after a thorough and diligent search, be located,
        inform the applicant of his right to complain to the Ombudsman.

(2) In a notice under subsection (1), an agency or Minister-

   (a)  is not required to include any matter that is of such a nature that
        its inclusion in a document of an agency would cause that document to
        be an exempt document;

   (b)  if the decision relates to a request for access to a document that is
        an exempt document under section 28, 29A or 31 or that, if it existed,
        would be an exempt document under section 28, 29A or 31, may state the
        decision in terms which neither confirm nor deny the existence of any
        document.

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