Victorian Current Acts Victorian Current ActsS. 49L(1) amended by No. 20/2017 s. 34(2), substituted by No. 20/2017 s. 34(3).
(1) This section applies if—
(a) the Information Commissioner has done any of the following—
(i) made preliminary inquiries under section 49K;
(ii) required an agency or Minister to conduct a sampling search under section 49KA(2)(a), or a further search under section 49KA(2)(b);
(iii) issued a notice to produce or attend; and
(b) it appears to the Information Commissioner reasonably likely that the agency or Minister will be able to make a fresh decision in a way that is satisfactory to the applicant and in accordance with law.
S. 49L(1A) inserted by No. 20/2017 s. 34(3).
(1A) The Information Commissioner, with the agreement of the applicant, may refer the matter that is the subject of the application back to the agency or Minister for reconsideration in accordance with this section.
S. 49L(2) amended by No. 20/2017 s. 34(2).
(2) The fresh decision must be made within 28 days after the referral under subsection (1) unless the agency and the Information Commissioner agree in writing to another period.
S. 49L(3) amended by No. 20/2017 s. 34(2).
(3) The required period for completing the review under section 49J is suspended from the time the Information Commissioner refers the matter back to the agency under subsection (1).
S. 49L(4) amended by No. 20/2017 s. 34(2).
(4) The agency must notify the Information Commissioner within 3 business days after the end of the period referred to in subsection (2) that—
(a) a fresh decision has been made; or
(b) a fresh decision has not been made.
(5) If the agency makes a fresh decision, the agency must—
(a) revoke the earlier decision; and
(b) inform the applicant, when notifying them of the fresh decision, of the requirements of subsection (6) and the effect of subsection (7).
S. 49L(6) amended by No. 20/2017 s. 34(2).
(6) Within 28 days after being notified of the fresh decision by the agency, the applicant must advise the Information Commissioner in writing whether the applicant agrees or does not agree with the decision.
S. 49L(7) amended by No. 20/2017 s. 34(2).
(7) If the applicant fails to advise the Information Commissioner under subsection (6) within the period specified in that subsection, the applicant is taken to agree with the fresh decision.
S. 49M (Heading) amended by No. 20/2017 s. 35(1).
S. 49M inserted by No. 6/2012 s. 13, substituted by No. 59/2014 s. 14.