Victorian Current Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 61ZA

Reasonable excuse—cabinet documents and legal professional privilege

    (1)     Subject to subsection (3), and without limiting what is a reasonable excuse for the purposes of section 61X, it is a reasonable excuse for a person to refuse or fail to comply with a requirement set out in the notice if—

        (a)     the information or document

              (i)     is an exempt document under section 28; or

              (ii)     is information that if included in a document would make that document an exempt document under section 28; or

        (b)     the information or document

              (i)     is an exempt document under section 32; or

              (ii)     is information that if included in a document would make that document an exempt document under section 32.

    (2)     The Secretary to the Department of Premier and Cabinet may certify that information or a document described in subsection (1)(a)—

        (a)     in the case of information, is information which, if included in a document, would make the document an exempt document of a kind referred to in section 28(1);

        (b)     in the case of a document, is or, if it existed, would be an exempt document of a kind referred to in section 28(1).

    (3)     If a notice to produce or attend is served on a person during a review of a decision that relates to a document claimed to be exempt under section 28 or 32, it is not a reasonable excuse for a person to refuse or fail to comply with the notice for the reason that the information or document

        (a)     is an exempt document under section 28 or  32; or

        (b)     is information that if included in a document would make that document an exempt document under section 28 or  32.

S. 61ZB inserted by No. 20/2017 s. 66.



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