Section 49C - Form of application
Extract of legislation
| 49C | Form of application | ||
| An application for review under this Division must— | |||
| (a) | be in writing; and | ||
| (b) | identify— | ||
| (i) | the agency or Minister concerned; and | ||
| (ii) | the decision to be reviewed; and | ||
| (c) | include any other prescribed information. | ||
‘Valid’ means the review application meets the requirements of the Act. The Office of the Victorian Information Commissioner (OVIC)6 cannot review an application that does not meet the requirements of the Act.
When sending an application for review to OVIC, applicants should also include:
- a copy of the request made to the agency or Minister;
- a copy of the agency’s decision letter; and
- any other relevant background information.
How does OVIC use the information provided in a review application?
Assessing the information and making preliminary inquiries
OVIC will look at the information provided in a review application to make sure OVIC can review it. For example, OVIC will check to make sure the review has been made within 28 days from when the applicant received a decision on their request.10
If OVIC accepts the review, OVIC must tell the agency or Minister.11 OVIC will usually ask them for a copy of any documents that need to be reviewed, a copy of the request, and any other information OVIC needs for the review.
OVIC may need to contact the agency or Minister to clarify the exemptions they applied to the relevant documents, the range of documents involved, and to ask for more information.
Where possible, OVIC will try to resolve reviews informally. If it cannot be resolved informally, OVIC may make a formal decision on the review.12
For more information on:
- informal resolution, see section 49H – Procedure on review;
- review decisions, see section 49P – Decision on review.
When OVIC must provide information to third parties
OVIC must provide the applicant’s name and information about the request to specific third parties where the applicant has requested information about the third party and OVIC decides to release the third party’s information.
The information that OVIC provides to the third party includes a description of the requested documents that are relevant to the third party and the general terms of the request. OVIC must provide this information so the third party has the opportunity to appeal OVIC’s decision if they disagree with it.
More information
For information on how long you have to apply for a review with OVIC, see section 49B – Time for applying for review.
See OVIC’s online review application form.
For more information on VCAT reviews, see section 50 – Applications for review by the Tribunal.
- Freedom of Information Act 1982 (Vic), section 49B(1).
- Freedom of Information Act 1982 (Vic), sections 49C(a) and 49C(b).
- Section 6I sets out the functions of the Information Commissioner and the Public Access Deputy Commissioner; both are responsible for handling FOI reviews. In this section, the FOI Guidelines collectively refer to the Information Commissioner, the Public Access Deputy Commissioner, and OVIC staff as ‘OVIC’ unless otherwise stated.
- Freedom of Information Act 1982 (Vic), section 49B(1).
- Freedom of Information Act 1982 (Vic), sections 49C(a) and 49C(b).
- Section 6I sets out the functions of the Information Commissioner and the Public Access Deputy Commissioner; both are responsible for handling FOI reviews. In this section, the FOI Guidelines collectively refer to the Information Commissioner, the Public Access Deputy Commissioner, and OVIC staff as ‘OVIC’ unless otherwise stated.
- Freedom of Information Act 1982 (Vic), section 49B(1).
- Freedom of Information Act 1982 (Vic), section 49D(1).
- Freedom of Information Act 1982 (Vic), section 49P.
- Freedom of Information Act 1982 (Vic), section 49B(1).
- Freedom of Information Act 1982 (Vic), section 49D(1).
- Freedom of Information Act 1982 (Vic), section 49P.
