Section 43 - Time within which agency or Minister must notify claimant
Extract of legislation
1.1
Under section 43, an agency or Minister must notify the claimant of a decision as soon as practicable, but no later than 30 days after receiving a valid request.
More information
For information on how to make a valid amendment request, see section 40 – Form of request for amendment of record.
1.2
If an agency or Minister does not provide a written decision to the claimant within the 30 days, for the purpose of applying for a review, the agency or Minister is taken to have refused to amend the record in accordance with the amendment request.3 In these circumstances, the claimant may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision.4
- Freedom of Information Act 1982 (Vic), section 53(1).
- Freedom of Information Act 1982 (Vic), section 50(1)(ea).
- Freedom of Information Act 1982 (Vic), section 53(1).
- Freedom of Information Act 1982 (Vic), section 50(1)(ea).
