Victorian Current Acts Victorian Current ActsS. 49G(1) amended by No. 20/2017 s. 28(2).
(1) The Information Commissioner may determine not to accept an application for review or dismiss a review at any stage if—
(a) the application is frivolous, vexatious, misconceived, lacking in substance or not made in good faith; or
(b) the applicant has failed to co-operate with the review without reasonable excuse; or
(c) the Commissioner considers that the review would be more appropriately dealt with by the Tribunal; or
(d) the Commissioner considers that a review is not appropriate in the circumstances; or
(e) the Commissioner is unable to contact the applicant following reasonable attempts to do so.
S. 49G(2) amended by No. 20/2017 s. 28(2).
(2) The Information Commissioner may dismiss a review if the applicant agrees in writing to the review being dismissed.
S. 49G(3) amended by No. 20/2017 s. 28(2)(3).
(3) Unless subsection (1)(e) applies, the Information Commissioner must give notice to the applicant and the agency or Minister if the Commissioner decides not to accept an application for review or to dismiss a review.
(4) The notice must set out the reasons for the decision.
S. 49H inserted by No. 6/2012 s. 13.