Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 53

Reviews where decisions delayed

53. Reviews where decisions delayed



(1) Subject to this section, where-

   (a)  a request has been made to an agency or Minister;

   (b)  the time period provided in section 21 or section 43 as the case may
        be has elapsed; and

   (c)  notice of a decision on the request has not been received by the
        applicant-

the principal officer of the agency or the Minister shall, for the purpose of
enabling an application to be made to the Tribunal under section 50, be deemed
to have made, on the last day of the relevant time period, a decision refusing
to grant access to the document.

(2) Where a complaint is made to the Ombudsman under the Ombudsman Act 1973
concerning failure to make and notify to the applicant a decision on a request
(whether the complaint was made before or after the expiration of the period
referred to in subsection (1)), an application to the Tribunal under section
50 of this Act by virtue of this section shall not be made before the
Ombudsman has informed the applicant of the result of the complaint in
accordance with section 24 of the Ombudsman Act 1973.



(3) Where such a complaint is made before the expiration of the period
referred to in subsection (1), the Ombudsman after having investigated the
complaint, may, if he is of the opinion that there has been unreasonable delay
by an agency in connexion with the request, grant to the applicant a
certificate certifying that he is of that opinion, and, if the Ombudsman does
so, the principal officer of the agency or the Minister, as the case requires,
shall, for the purposes of enabling application to be made to the Tribunal
under section 50, be deemed to have made, on the date on which the certificate
is granted, a decision refusing to grant access to the document.

(4) The time allowed for application by section 52 shall be suspended from the
date on which a complaint is made to the Ombudsman until the date on which the
Ombudsman informs the applicant of the outcome of his complaint.

(5) Where, after an application has been made to the Tribunal by virtue of
this section but before the Tribunal has finally heard the application, a
decision, other than a decision to grant, without deferment, access to the
document in accordance with the request, is given, the Tribunal may, at the
request of the applicant, treat the application as extending to an application
for review of that decision in accordance with this Part.

(6) Before further hearing an application made by virtue of this section, the
Tribunal, may on the application of the agency or Minister concerned, make an
order allowing further time to the agency or Minister to deal with the
request.





(7) The Tribunal may make an order under subsection (6) subject to such
conditions as the Tribunal thinks fit, including a condition that if a
decision is made during the further time to grant access to a document any
charge that, under the regulations, is required to be paid before access is
granted shall be reduced or waived.

(8) In this section a reference to a request includes a reference to a notice
served upon a principal officer under section 12(1).