Section 49N - Informal resolution of review
Extract of legislation
| 49N | Informal resolution of review | |
| (1) | If the Information Commissioner determines that it is reasonably possible to resolve the matter that is the subject of the application for review informally, the Information Commissioner must take reasonable steps to resolve the matter. | |
| (2) | If the matter is resolved informally, the Information Commissioner must record the outcome in writing. | |
| (3) | Informal resolution of a matter under subsection (1) is not a decision on the review for the purposes of this Act. | |
To support this obligation, OVIC considers each review application to decide whether it is reasonably possible to informally resolve the review.
Where OVIC determines that it is reasonably possible to resolve a review informally, it must take reasonable steps to do so.8
For a matter to be resolved informally under section 49N, the applicant must agree to withdraw their review application, and the Information Commissioner must record the outcome in writing.9
If a review is informally resolved under section 49N, it cannot be reopened by the applicant or the agency or Minister and cannot be reviewed by the Victorian Civil and Administrative Tribunal.10
By providing for informal resolution, section 49N removes the requirement for a formal and independent review process where it is not needed. This supports OVIC’s obligation to resolve matters with as little formality and technicality as possible.
More information
For more information on the informal resolution process, see section 49H – Procedure on review.
- 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 49H.
- Freedom of Information Act 1982 (Vic), section 49N. This is a new requirement, introduced on 11 September 2024 by the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 (Vic), which replaced the wording of section 49N, to introduce informal resolution of reviews. The previous version of section 49N was more formal, providing for the Information Commissioner to facilitate negotiated agreements.
- Freedom of Information Act 1982 (Vic), section 49N(2). Dismissing a review with the applicant’s agreement in writing under section 49G(2) is also treated as an informal resolution outcome under section 49N(2).
- Freedom of Information Act 1982 (Vic), section 50(3G)(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 49H.
- Freedom of Information Act 1982 (Vic), section 49N. This is a new requirement, introduced on 11 September 2024 by the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024 (Vic), which replaced the wording of section 49N, to introduce informal resolution of reviews. The previous version of section 49N was more formal, providing for the Information Commissioner to facilitate negotiated agreements.
- Freedom of Information Act 1982 (Vic), section 49N(2). Dismissing a review with the applicant’s agreement in writing under section 49G(2) is also treated as an informal resolution outcome under section 49N(2).
- Freedom of Information Act 1982 (Vic), section 50(3G)(b).
