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Section 45 - When section 27 to apply


Reasons for decision


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;1
  • if the decision was made by an agency, the name and designation of the person who made the decision;2 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.3

Review of a decision


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;4 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.5
  1. Freedom of Information Act 1982 (Vic), section 27(1)(a).
  2. Freedom of Information Act 1982 (Vic), section 27(1)(b).
  3. Freedom of Information Act 1982 (Vic), section 27(1)(d).
  4. Freedom of Information Act 1982 (Vic), section 49A(2).
  5. Freedom of Information Act 1982 (Vic), section 50(3B).



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Last updated 20 October 2023

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