Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 53A

Notification of reviews regarding documents affecting personal privacy

53A. Notification of reviews regarding documents affecting personal privacy



(1) If-

   (a)  an agency or Minister makes a decision refusing to grant access to a
        document; and

   (b)  a reason for the decision is that the document is an exempt document
        under section 33(1) because its disclosure would involve the
        unreasonable disclosure of information relating to the personal
        affairs of a person; and

   (c)  an application is made to the Tribunal under section 50(2)(a) for
        review of the decision-

the agency or Minister, as soon as practicable after being notified of the
application, must, if practicable, give written notice in accordance with
subsection (2) to the person to whom the information relates.

(2) A notice under subsection (1) must-

   (a)  inform the person to whom it is directed of their right to intervene
        in the review; and

   (b)  request the person to inform the Tribunal, within 21 days after the
        day on which the notice was given, whether or not the person intends
        to intervene.

(3) If-

   (a)  the person does not intervene in the review; and

   (b)  the Tribunal orders that access be granted to the document-

the Tribunal must, if practicable, give notice of the order to the person.

(4) An order referred to in subsection (3)(b) does not take effect until 28
days after the day on which it is made.