Section 45 - When section 27 to apply

If an agency or Minister refuses to amend a personal record, the agency or Minister must provide a written decision to the claimant in the same form as section 27, as though it were an FOI request.

The decision must include:

• the reasons for the decision, how the decision was reached, and the facts on which the decision was based;⁴
• if the decision was made by an agency, the name and designation of the person who made the decision;⁵ and
• that the claimant has the right to apply for a review of the decision, to which authority the applicant may make their review application, and the time in which an application for review must be made.⁶

Where a request to amend personal records has been refused, the claimant may apply to:

• the Office of the Victorian Information Commissioner for a review of a decision made by an agency or Minister within 28 days from the day after they receive the written notice of the decision;⁹ or
• the Victorian Civil and Administrative Tribunal for a review of a decision made by a principal officer of an agency, Minister, or the Information Commissioner, within 60 days of receiving written notice of the decision.¹⁰