Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 55

Onus

55. Onus



(1) In proceedings under this Part by virtue of section 12, the principal
officer upon whom the notice was served has the onus of establishing that the
document concerned is not a document as described in section 8(1) or section
11(1).

(2) In proceedings under this Part, the agency or Minister to which or to whom
the request was made has the onus of establishing that a decision given in
respect of the request was justified or that the Tribunal should give a
decision adverse to the applicant.



* * * * *