Section 12 - Notices to require specification of documents in statements
Extract of legislation
| 12 | Notices to require specification of documents in statements | |||
| (1) | A person may serve upon the principal officer of an agency, other than a council a notice in writing stating that, in the opinion of the person, a statement published by the principal officer under sections 8(2)(a) or (b) or 11(2)(a) or (b) does not specify a document as described in section 8(1) or 11(1) that was required to be specified in the statement. | |||
| (2) | The principal officer shall— | |||
| (a) | make a decision within 21 days of receiving a notice as to whether to specify in the next statement to be published under section 8(2)(b) or section 11(2)(b), as the case may be, the document referred to in the notice; and | |||
| (b) | cause the person to be given notice in writing of his decision. | |||
| (3) | Where the decision is adverse to the person’s claim, the notice shall— | |||
| (a) | state the findings on any material questions of fact, referring to the material on which those findings were based, and the reasons for the decision; and | |||
| (b) | inform the person of— | |||
| (i) | the person’s right to apply to the Tribunal for review of the decision; and | |||
| (ii) | the time within which the application for review must be made. | |||
If a document is required to be made available for inspection or purchase, or publicly listed in accordance with section 8 or section 11, and it is not, a person is entitled under section 12 to make a request for the missing document to be made available for inspection or purchase, or publicly listed (as the case requires).
Under section 12, the person must notify the agency that they are of the opinion a document captured by section 8 or section 11 is not available for inspection or purchase, or publicly listed as it should be.
Where this occurs, the agency must respond to the person within 21 days of receiving the notice with a written decision that specifies whether the document will be included.
If the agency’s decision is to not include the document, the agency must:
- give detailed reasons why the document will not be included;
- advise the person of their right to apply for a review of the decision by the Victorian Civil and Administrative Tribunal; and
- advise the individual that they have 60 days to apply for a review.
