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FREEDOM OF INFORMATION ACT 1982 - SECT 61A

Complaints

S. 61A(1) amended by No. 20/2017 s. 50(3).

    (1)     A complaint may be made to the Information Commissioner in accordance with this Part about any of the following—

        (a)     an action taken or failed to be taken by an agency in the performance or purported performance of the agency's functions and obligations under this Act, including a decision by an agency that a document does not exist or cannot be located;

S. 61A(1)(ab) inserted by No. 20/2017 s. 50(1)(a).

        (ab)     an action taken or failed to be taken by a principal officer in the performance or purported performance of the principal officer's functions and obligations under Part IB or II;

        (b)     a delay by a Minister in dealing with a request;

S. 61A(1)(ba) inserted by No. 20/2017 s. 50(1)(b).

        (ba)     a decision by a Minister that a document does not exist or cannot be located;

        (c)     an action taken or failed to be taken by a Minister in making a decision under section 24 deferring access to a document;

        (d)     an action taken or failed to be taken by a Minister in making a decision to disclose a document that is claimed to be exempt under section 33 ;

S. 61A(1)(e) amended by No. 20/2017 s. 50(1)(c).

        (e)     an action taken or failed to be taken by a Minister in making a decision to disclose a document that is claimed to be exempt under section 34 ;

S. 61A(1)(f) inserted by No. 20/2017 s. 50(1)(d).

        (f)     a failure by a Minister to comply with Ministerial professional standards.

    (2)     A complaint must—

        (a)     be in writing; and

        (b)     set out the nature of the complaint; and

S. 61A(2)(c) amended by No. 20/2017 s. 50(2).

        (c)     identify the agency, principal officer or Minister concerned.

    (3)     A person who may make a complaint may include—

        (a)     the applicant who has made a request to which the complaint relates; and

        (b)     a person or the next-of-kin of a deceased person, if the matter complained of relates to a decision to disclose a document referred to in section 33 containing information relating to the personal affairs of the person or deceased person; and

        (c)     a business, commercial or financial undertaking, if the matter complained of relates to a decision to disclose a document referred to in section 34 containing information relating to matters of a business, commercial or financial nature of that undertaking.

    (4)     A complaint must be made within 60 days after the action or conduct complained of occurred.

S. 61A(5) inserted by No. 59/2014 s. 18, amended by No. 20/2017 s. 50(2)(3).

    (5)     The Information Commissioner may accept a complaint made outside the period referred to in subsection (4) if satisfied that the complaint is made out of time because of an act or omission of the agency, principal officer or Minister concerned.

S. 61AB inserted by No. 59/2014 s. 19, repealed by No. 20/2017 s. 51.

    *     *     *     *     *

S. 61B (Heading) amended by No. 20/2017 s. 52(1).

S. 61B inserted by No. 6/2012 s. 24.



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