Victorian Current Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 55

Onus

S. 55(1) amended by No. 6/2012 s. 21(1) (as amended by No. 82/2012 s. 153(1) (ILA s. 39B(1))).

    (1)     In proceedings under this Division by virtue of section 12, the principal officer upon whom the notice was served has the onus of establishing that the document concerned is not a document as described in section 8(1) or section 11(1).

S. 55(2) amended by Nos 10155 s. 67(1)(j), 6/2012 s. 21 (as amended by No. 82/2012 s. 153(1) (ILA s. 39B(1))).

    (2)     In proceedings under this Division (except under section 50(3D)), the agency or Minister to which or to whom the request was made has the onus of establishing that a decision given in respect of the request was justified or that the Tribunal should give a decision adverse to the applicant.

S. 55A inserted by No. 10155 s. 67(1)(k), repealed by No. 52/1998 s. 311(Sch. 1 item 32.4).

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