Victorian Current Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 68

Transitional

    (1)     If—

        (a)     a request for access to a document was made to an agency or a Minister under Part III as in force before 1 January 2000; and

        (b)     the time period provided in section 21 for notification of a decision on the request had not elapsed before 1 January 2000; and

        (c)     notice of a decision on the request had not been received by the applicant before 1 January 2000—

the request must be dealt with by the agency or Minister in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999 .

    (2)     If—

        (a)     a request for access to a document was made to an agency or the Minister under Part III as in force before 1 January 2000; and

        (b)     an application was made under section 51 for review of a decision on the request before 1 January 2000; and

        (c)     a decision had not been made on that application before 1 January 2000—

the application under section 51 must be dealt with in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999 .

    (3)     If—

        (a)     a person was entitled before 1 January 2000 to make an application under section 51 for review of a decision on a request; and

        (b)     the application is made on or after 1 January 2000—

the application must be dealt with in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999 .

    (4)     If—

        (a)     a person is entitled before 1 January 2000 to apply to the Tribunal for a review of a decision referred to in section 50(2); and

        (b)     the application is made on or after 1 January 2000—

the Tribunal must determine the application in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999 .

    (5)     If—

        (a)     an application had been made to the Tribunal for a review of a decision referred to in section 50(2) before 1 January 2000; and

        (b)     the application had not been finally determined by the Tribunal before 1 January 2000—

the Tribunal must determine the application in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999 .

    (6)     If—

        (a)     an application had been made to the Tribunal under section 27D as in force before 1 January 2000; and

        (b)     the application under section 27D had not been finally determined before 1 January 2000—

the Tribunal must refer the application under section 27D back to the agency or Minister for consideration.

    (7)     An agency or Minister to whom an application is referred under subsection (6) must deal with that application in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999 as if—

        (a)     the application were a request under Part III; and

S. 68(7)(b) amended by No. 74/2000 s. 3(Sch. 1 item 53).

        (b)     the request had been made on the day that the application was received from the Tribunal.

    (8)     If a request was made by a person before 1 January 2000 for access to a document to which Part IIIA applied and access to the document from which personal information had been deleted was granted under section 27C(2), a fee is not payable for a further request by that person on or after 1 January 2000 under this Act for access to the personal information deleted from that document.

    (9)     If a request was made by a person before 1 January 2000 for access to a document to which Part IIIA applied and access to the document was refused under section 27C, a fee is not payable for a further request by that person on or after 1 January 2000 under this Act for access to that document.

S. 69 inserted by No. 6/2012 s. 35 (as amended by No. 82/2012 s. 153(2)).



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