Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 50

PART VI REVIEW OF DECISIONS

Applications for review

50. Applications for review



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(2) Subject to sections 51 and 51A, an applicant may apply to the Tribunal for
review of-

   (a)  a decision refusing to grant access to a document in accordance with a
        request;

   (b)  a decision deferring the provision of access to a document;

   (c)  a decision as to the amount of a charge that is required to be paid
        before access to a document is granted, whether or not the charge has
        already been paid by the applicant, provided that the Ombudsman has
        certified that the matter is one of sufficient importance for the
        Tribunal to consider;

   (d)  a decision under section 12(2)(a) not to specify a document in a
        statement; or

   (e)  a decision to disclose a document under section 33(3), or to disclose
        a document contrary to the applicant's view as obtained under section
        34(3), or not to amend a record pursuant to a request under section
        39.



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(4) On the hearing of an application for review the Tribunal shall have, in
addition to any other power, the same powers as an agency or a Minister in
respect of a request, including power to decide that access should be granted
to an exempt document (not being a document referred to in section 28, section
29A, section 31(3), or in section 33) where the Tribunal is of opinion that
the public interest requires that access to the document should be granted
under this Act.

(5) Where a certificate has been given in respect of a document under section
28(4), the powers of the Tribunal do not extend to reviewing the decision to
give the certificate and shall be limited to determining whether a document
has been properly classified as an exempt document within the meaning of
section 28.

(5A) Where a certificate has been given in respect of a document under section
29A(2), the powers of the Tribunal do not extend to reviewing the decision to
give the certificate and shall be limited to determining the question whether
there exist reasonable grounds for the claim that the document is an exempt
document under section 29A.

(6) The Tribunal may refuse to review a decision of an agency or Minister to
refuse the request of a person for access to a document if the Tribunal is
satisfied that it has previously reviewed a decision of the agency or Minister
to refuse access to the same document or the same information.