Victorian Consolidated Legislation
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Freedom of Information Act 1982 - SECT 68
Transitional
68. Transitional
(1) If-
(a) a request for access to a document was made to an agency or a Minister
under Part III as in force before 1 January 2000; and
(b) the time period provided in section 21 for notification of a decision
on the request had not elapsed before 1 January 2000; and
(c) notice of a decision on the request had not been received by the
applicant before 1 January 2000-
the request must be dealt with by the agency or Minister in accordance with
this Act as amended by the Freedom of Information (Miscellaneous Amendments)
Act 1999.
(2) If-
(a) a request for access to a document was made to an agency or the
Minister under Part III as in force before 1 January 2000; and
(b) an application was made under section 51 for review of a decision on
the request before 1 January 2000; and
(c) a decision had not been made on that application before 1 January
2000-
the application under section 51 must be dealt with in accordance with this
Act as amended by the Freedom of Information (Miscellaneous Amendments) Act
1999.
(3) If-
(a) a person was entitled before 1 January 2000 to make an application
under section 51 for review of a decision on a request; and
(b) the application is made on or after 1 January 2000-
the application must be dealt with in accordance with this Act as amended by
the Freedom of Information (Miscellaneous Amendments) Act 1999.
(4) If-
(a) a person is entitled before 1 January 2000 to apply to the Tribunal
for a review of a decision referred to in section 50(2); and
(b) the application is made on or after 1 January 2000-
the Tribunal must determine the application in accordance with this Act as
amended by the Freedom of Information (Miscellaneous Amendments) Act 1999.
(5) If-
(a) an application had been made to the Tribunal for a review of a
decision referred to in section 50(2) before 1 January 2000; and
(b) the application had not been finally determined by the Tribunal before
1 January 2000-
the Tribunal must determine the application in accordance with this Act as
amended by the Freedom of Information (Miscellaneous Amendments) Act 1999.
(6) If-
(a) an application had been made to the Tribunal under section 27D as in
force before 1 January 2000; and
(b) the application under section 27D had not been finally determined
before 1 January 2000-
the Tribunal must refer the application under section 27D back to the agency
or Minister for consideration.
(7) An agency or Minister to whom an application is referred under subsection
(6) must deal with that application in accordance with this Act as amended by
the Freedom of Information (Miscellaneous Amendments) Act 1999 as if-
(a) the application were a request under Part III; and
(b) the request had been made on the day that the application was received
from the Tribunal.
(8) If a request was made by a person before 1 January 2000 for access to a
document to which Part IIIA applied and access to the document from which
personal information had been deleted was granted under section 27C(2), a fee
is not payable for a further request by that person on or after 1 January 2000
under this Act for access to the personal information deleted from that
document.
(9) If a request was made by a person before 1 January 2000 for access to a
document to which Part IIIA applied and access to the document was refused
under section 27C, a fee is not payable for a further request by that person
on or after 1 January 2000 under this Act for access to that document.
---------------
ENDNOTES
1. General Information The Freedom of Information Act 1982 was assented to on
5 January 1983 and came into operation as follows: All of Act (except Part 2)
on 5 July 1983: section 1(2); Part 2 on 5 July 1984: section 1(3). 2. Table of
Amendments This Version incorporates amendments made to the
Freedom of Information Act 1982 by Acts and subordinate instruments.
------------------------------------------------------------- Public Service
(Amendment) Act 1984, No. 10046/1984 Assent Date: 1.5.84 Commencement Date: S.
32 on 20.6.84: Government Gazette 13.6.84 p. 1886 Current State: This
information relates only to the provision/s amending the
Freedom of Information Act 1982 Statute Law Revision Act 1984, No. 10087/1984
Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) Current
State: This information relates only to the provision/s amending the
Freedom of Information Act 1982 Adoption Act 1984, No. 10150/1984 Assent Date:
13.11.84 Commencement Date: S. 3(1)(Sch.) on 16.11.87: Government Gazette
28.10.87 p. 2880 Current State: This information relates only to the
provision/s amending the Freedom of Information Act 1982 Administrative
Appeals Tribunal Act 1984, No. 10155/1984 Assent Date: 20.11.84 Commencement
Date: S. 67 on 1.3.85: Government Gazette 30.1.85 p. 191 Current State: This
information relates only to the provision/s amending the
Freedom of Information Act 1982 Infertility (Medical Procedures) Act 1984, No.
10163/1984 (as amended by No. 86/1987) Assent Date: 20.11.84 Commencement
Date: S. 34 on 1.7.88: Government Gazette 4.5.88 p. 1123 Current State: This
information relates only to the provision/s amending the
Freedom of Information Act 1982 Health (Amendment) Act 1985, No. 10262/1985
Assent Date: 10.12.85 Commencement Date: S. 4(Sch.) on 1.3.86: Government
Gazette 26.2.86 p. 451 Current State: This information relates only to the
provision/s amending the Freedom of Information Act 1982
Local Government (Consequential Provisions) Act 1989, No. 12/1989 Assent Date:
9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 46.1, 46.2) on 1.11.89:
Government Gazette 1.11.89 p. 2798 Current State: This information relates
only to the provision/s amending the Freedom of Information Act 1982 Freedom
of Information (Amendment) Act 1990, No. 84/1990 Assent Date: 11.12.90
Commencement Date: 11.12.90: s. 2 Current State: All of Act in operation
Freedom of Information (Amendment) Act 1993, No. 58/1993 (as amended by No.
7/1993) Assent Date: 8.6.93 Commencement Date: Ss 1-6, 8-15 on 8.6.93: s.
2(1); s. 7 on 1.7.93: s. 2(2); ss 16-25 on 1.1.94: s. 2(3) Current State: All
of Act in operation Public Sector Management (Amendment) Act 1993, No. 97/1993
Endnotes Assent Date: 16.11.93 Commencement Date: S. 44 on 16.11.93: s. 2(4)
Current State: This information relates only to the provision/s amending the
Freedom of Information Act 1982 Medical Practice Act 1994, No. 23/1994 Assent
Date: 17.5.94 Commencement Date: S. 118(Sch. 1 items 22.1, 22.2) on 1.7.94:
Government Gazette 23.6.94 p. 1672 Current State: This information relates
only to the provision/s amending the Freedom of Information Act 1982 Legal
Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S.
453(Sch. 1 item 34) on 1.1.97: s. 2(3) Current State: This information relates
only to the provision/s amending the Freedom of Information Act 1982 Public
Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date:
26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This
information relates only to the provision/s amending the
Freedom of Information Act 1982 Tribunals and Licensing Authorities
(Miscellaneous Amendments) Act 1998, No. 2/1998 Assent Date: 2.6.98
Commencement Date: S. 311(Sch. 1 item 32) on 1.7.98: Government Gazette
18.6.98 p. 1512 Current State: This information relates only to the
provision/s amending the Freedom of Information Act 1982 Public Sector Reform
(Further Amendments) Act 1999, No. 12/1999 Assent Date: 11.5.99 Commencement
Date: S. 4(Sch. 2 item 5) on 11.5.99: s. 2(1) Current State: This information
relates only to the provision/s amending the Freedom of Information Act 1982
Freedom of Information (Amendment) Act 1999, No. 38/1999 Assent Date: 8.6.99
Commencement Date: 1.7.99: s. 2 Current State: All of Act in operation Freedom
of Information (Miscellaneous Amendments) Act 1999, No. 57/1999 Assent Date:
21.12.99 Commencement Date: Ss 4-10 on 1.1.2000: s. 2 Current State: This
information relates only to the provision/s amending the
Freedom of Information Act 1982 Statute Law Revision Act 2000, No. 74/2000
Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 53) on 22.11.00: s.
2(1) Current State: This information relates only to the provision/s amending
the Freedom of Information Act 1982 Health Records Act 2001, No. 2/2001
Endnotes Assent Date: 10.4.01 Commencement Date: Ss 101, 102 on 1.7.02: s.
2(2) Current State: This information relates only to the provision/s amending
the Freedom of Information Act 1982
Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date:
27.6.01 Commencement Date: S. 3(Sch. item 50) on 15.7.01: s. 2 Current State:
This information relates only to the provision/s amending the
Freedom of Information Act 1982 Terrorism (Community Protection) Act 2003, No.
7/2003 Assent Date: 15.4.03 Commencement Date: Ss 42-44 on 16.4.03: s. 2(1)
Current State: This information relates only to the provision/s amending the
Freedom of Information Act 1982 Monetary Units Act 2004, No. 10/2004 Assent
Date: 11.5.04 Commencement Date: S. 15(Sch. 1 item 9) on 1.7.04: s. 2(2)
Current State: This information relates only to the provision/s amending the
Freedom of Information Act 1982 Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 84) on 5.4.05:
Government Gazette 31.3.05 p. 602 Current State: This information relates only
to the provision/s amending the Freedom of Information Act 1982
Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date:
24.5.05 Commencement Date: S. 18(Sch. 1 item 45) on 12.12.05: Government
Gazette 1.12.05 p. 2781 Current State: This information relates only to the
provision/s amending the Freedom of Information Act 1982
Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05
Commencement Date: S. 182(Sch. 4 item 22) on 1.7.07: s. 2(3) Current State:
This information relates only to the provision/s amending the
Freedom of Information Act 1982 Statute Law (Further Revision) Act 2006, No.
29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 12) on 7.6.06:
s. 2(1) Current State: This information relates only to the provision/s
amending the Freedom of Information Act 1982 Terrorism (Community Protection)
(Further Amendment) Act 2006, No. 30/2006 Assent Date: 6.6.06 Commencement
Date: Ss 19-23 on 7.6.06: s. 2 Current State: This information relates only to
the provision/s amending the Freedom of Information Act 1982
Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S.
73(1)(Sch. 1 item 25) on 1.7.09: s. 2(3) Current State: This information
relates only to the provision/s amending the Freedom of Information Act 1982
------------------------------------------------------------- 3. Explanatory
Details
1 S. 5: The substitutions proposed by section 73(1)(Sch. 1 item 25) of the
Relationships Act 2008, No. 12/2008 are not included in this publication
because the definition and the subsection to be substituted do not appear in
section 5. Schedule 1 item 25 reads as follows: SCHEDULE 1
25. Freedom of Information Act 1982
25.1. In section 5(1), for the definition of domestic partner substitute-
"domestic partner of a person means-
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the
person is in a relationship as a couple where one or each of them
provides personal or financial commitment and support of a domestic
nature for the material benefit of the other, irrespective of their
genders and whether or not they are living under the same roof, but
does not include a person who provides domestic support and personal
care to the person-
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government
or government agency, a body corporate or a charitable or benevolent
organisation);".
25.2. For section 5(5) substitute-
"(5) For the purposes of the definition of domestic partner in subsection (1)-
(a) registered relationship has the same meaning as in the
Relationships Act 2008; and
(b) in determining whether persons who are not in a registered
relationship are domestic partners of each other, all the
circumstances of their relationship are to be taken into account,
including any one or more of the matters referred to in section 35(2)
of the Relationships Act 2008 as may be relevant in a particular case;
and
(c) a person is not a domestic partner of another person only because they
are co-tenants.". ??
??
Part I-Preliminary
Freedom of Information Act 1982 No. 9859 of 1982
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