Victorian Current Acts Victorian Current ActsS. 49P(1) amended by No. 20/2017 s. 40(1).
(1) After conducting a review of a decision of an agency or Minister, the Information Commissioner must make a fresh decision on the original application.
S. 49P(2) amended by No. 20/2017 s. 40(1).
(2) The decision of the Information Commissioner has the same effect as a decision of the agency or Minister.
S. 49P(3) amended by No. 20/2017 s. 40(1)(a).
(3) The Information Commissioner must give the parties notice in writing of the decision setting out—
(a) the reasons for the decision; and
(b) the rights of the parties to apply to the Tribunal for review under section 50.
S. 49P(3A) inserted by No. 23/2017 s. 26, amended by No. 11/2021 s. 148.
(3A) If the review relates to a decision by an agency or a Minister to refuse to grant access to a document or part of a document on the grounds that it would involve an unreasonable disclosure of personal affairs for the reason that it would increase the risk to a primary person's safety from family violence, the Information Commissioner may make the decision in terms that neither confirm nor deny the existence of that document.
S. 49P(3B) inserted by No. 11/2018 s. 36.
(3B) If the review relates to a decision by an agency or a Minister to refuse to grant access to a document or part of a document on the grounds that it would involve an unreasonable disclosure of personal affairs for the reason that it would increase the risk to the safety of a child or group of children, the Information Commissioner may make the decision in terms that neither confirm nor deny the existence of that document.
S. 49P(4) amended by No. 20/2017 s. 40(1)(b), substituted by No. 20/2017 s. 40(2).
(4) A decision requiring an agency or Minister to release a document does not take effect until—
(a) if the decision requires release of a document of a kind referred to in section 33, 34 or 35 in respect of which a person has a right of review under section 50—
(i) 60 days after notice of the decision is given; or
(ii) if an application is made to the Tribunal within that 60 day period, until a decision is made on review; or
(b) if the decision requires release of any other document or a document to the extent that it does not include information of a kind referred to in section 33, 34 or 35 in respect of which a person has a right of review under section 50—
(i) 14 days after notice of the decision is given; or
(ii) if an application is made to the Tribunal within that 14 day period, until a decision is made on review.
S. 49P(5) amended by Nos 59/2014 s. 16(1), 20/2017 s. 40(1)(a)(3).
(5) If the Information Commissioner makes a decision to disclose a document that is claimed to be exempt under section 33, 34 or 35, the Commissioner must, if practicable, notify any person or undertaking who or which has a right to make an application for review of the decision under section 50(3) , (3A) or (3B) (as the case requires) of the existence of that right.
S. 49P(6) inserted by No. 59/2014 s. 16(2), amended by No. 20/2017 s. 40(1)(a), repealed by No. 20/2017 s. 40(4).
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Pt 6 Div. 2 (Heading) amended by No. 22/2016 s. 172.
Pt 6 Div. 2 (Heading and s. 49Q) inserted by No. 6/2012 s. 13.
Division 2—Conciliation by Health Complaints Commissioner
S. 49Q (Heading) amended by No. 22/2016 s. 173.
S. 49Q inserted by No. 6/2012 s. 13.