Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 9

Unpublished documents not to prejudice public

9. Unpublished documents not to prejudice public



Where under section 8 any agency is required to make available a document
containing rule, policy, guideline or practice relating to a function of the
agency and the agency fails-

   (a)  to make the document available; or

   (b)  to include the document in a statement required to be published under
        section 8-

before the time at which the person did or omitted to do any act or thing
relevant to the performance of that function in relation to him (whether or
not the time allowed for publication of a statement in respect of the document
had expired) that person shall not be subject to any detriment by reason only
of the application of that rule, policy, guideline or practice, where with
knowledge of that rule, policy, guideline or practice he could have avoided
the detriment lawfully.