Section 49N - Information Commissioner may facilitate a negotiated agreement
Extract of legislation
| 49N | Information Commissioner may facilitate a negotiated agreement | |
| (1) | The Information Commissioner may facilitate an agreement between the parties in relation to a decision that is the subject of a review under this Division. | |
| (2) | The agreement must be in writing. | |
| (3) | The Information Commissioner may make a decision on the review on the basis of the agreement. | |
If an applicant and an agency or Minister reach an agreement, OVIC will dismiss the review.
A decision under section 49N is not reviewable by the Victorian Civil and Administrative Tribunal.11
By providing the option for a negotiated agreement, 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.12
Example
The applicant made an FOI request for access to clinical notes from paediatrician visits regarding the applicant’s child. The agency refused access to the document and the applicant applied to OVIC to review the decision.
During the review, OVIC helped the applicant and the agency to reach an agreement. The applicant and the agency agreed to receive / provide access to the document by inspecting it at the agency’s premises rather than receiving a copy of it.
After the applicant and the agency signed the agreement, OVIC dismissed the 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 49N(1).
- Freedom of Information Act 1982 (Vic), section 49N(2).
- Freedom of Information Act 1982 (Vic), section 49N(3).
- Freedom of Information Act 1982 (Vic), section 50(3G)(b).
- Freedom of Information Act 1982 (Vic), section 49H.
- 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 49N(1).
- Freedom of Information Act 1982 (Vic), section 49N(2).
- Freedom of Information Act 1982 (Vic), section 49N(3).
- Freedom of Information Act 1982 (Vic), section 50(3G)(b).
- Freedom of Information Act 1982 (Vic), section 49H.
