Victorian Consolidated Legislation

Year 2000 Information Disclosure Act 1999 - SECT 10

False or misleading statement exception-explanatory statement to be given

10. False or misleading statement exception-explanatory statement to be given



(1) If a civil action is instituted against a person (the first person) by
another person (the second person), the first person is not entitled to plead
or otherwise rely on the rule in section 8(1) unless-

   (a)  the first person gives the second person a statement (the explanatory
        statement) to the effect that the first person believes that the
        exception set out in section 9(1)(a) is not applicable; and

   (b)  the explanatory statement sets out the grounds for that belief; and

   (c)  the explanatory statement satisfies one of the following conditions-

   (i)  the explanatory statement is made in writing;

   (ii) the explanatory statement is made in a data storage device and is
        capable of being reproduced in writing from that device (with or
        without the aid of any other article or device);

   (iii) the explanatory statement is made by way of an electronic
        communication of writing.

(2) If the first person gives the second person an explanatory statement as
mentioned in subsection (1), the explanatory statement is not admissible in
any civil action except for the purposes of determining whether subsection (1)
has been complied with.

(3) The second person may waive compliance with subsection (1).