Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 53AA

Procedure where Tribunal determines that there do not exist reasonable grounds for claim under section 29A

53AA. Procedure where Tribunal determines that there do not exist reasonable
grounds for claim under section 29A



(1) If, after hearing a proceeding referred to in clause 29C(1) of Schedule 1
to the Victorian Civil and Administrative Tribunal Act 1998, the Tribunal
determines in relation to a document in respect of which a certificate under
section 29A(2) is in force that there do not exist reasonable grounds for the
claim that the document is an exempt document under section 29A, the Tribunal
must notify the responsible Minister in writing of that determination.

(2) The responsible Minister must, within 28 days after being notified under
subsection (1), make a decision to revoke, or not to revoke, the certificate.

(3) If the responsible Minister makes a decision under subsection (2) to
revoke a certificate-

   (a)  any claim made in the certificate is to be taken, for the purposes of
        this Act, to have been withdrawn; and

   (b)  the Minister must immediately inform the applicant of the existence or
        non-existence of the document to which the certificate related.

(4) If the Minister makes a decision under subsection (2) not to revoke a
certificate, he or she must-

   (a)  cause written notice of the decision to be given to the applicant
        immediately; and

   (b)  cause a copy of the notice to be laid before each House of the
        Parliament within 5 sitting days of that House after the notice is
        given.

(5) A notice under subsection (4) must state the Minister's findings on any
material question of fact, the material on which those findings are based, the
reasons for the decision and attach a copy of the Tribunal's notification to
the responsible Minister of its determination.

(6) The Minister is not required to include in a notice under subsection (4)
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 under section 28, 29A,
31(3) or 33.

(7) The Minister is not required to include in a notice under subsection (4)
information as to the existence or non-existence of a document or the
existence or non-existence of a state of fact if that information would, if
included in a document of an agency, cause that document to be an exempt
document under section 28, 29A, 31(3) or 33.

(8) Nothing in this section is to be taken to imply that a certificate under
section 29A(2) cannot be revoked otherwise than in accordance with this
section.