Section 52 - Time for applying for review

Extract of legislation

      
52
Time for applying for review

(1)
An application to the Tribunal under section 50(1)(e) or (g) must be made within 60 days from the day on which notice in writing of a decision on the request is given to the applicant.

(2)
An application to the Tribunal under section 50(2) must be made within 60 days from the day on which notice in writing of the decision under section 12(2)(a) is given to the person.

(3)
An application to the Tribunal under section 50(3), (3A) or (3AB) must be made within 60 days from the day on which notice in writing of a decision to disclose the document is given to the person or undertaking, as the case requires.

(4)
An application to the Tribunal under section 50(3B) in relation to a decision by the principal officer of an agency or a Minister must be made within 60 days from the day on which notice in writing of the decision is given to the applicant.

(5)
An application to the Tribunal under section 50(1)(b) or (c) must be made within 60 days from the day on which notice in writing of the decision of the Information Commissioner on the review is given to the applicant under Division 1.

(6)
An application to the Tribunal under section 50(3B) in relation to a decision by the Information Commissioner must be made within 60 days from the day on which notice in writing of the decision of the Information Commissioner on the review is given to the applicant under Division 1.

(7)
An application to the Tribunal under section 50(1)(d) must be made within 60 days from the day on which notice in writing of a decision of the Information Commissioner under section 49G is given to the applicant.

(8)
An application to the Tribunal under section 50(3C) must be made within 60 days from the day on which notice in writing of the decision under Division 2 is given to the applicant.

(9)
An application to the Tribunal under section 50(3D) must be made within 14 days from the day on which notice in writing of the decision under Division 1 is given to the agency or Minister.

Guidelines

Overview of section 52

1.1

Section 52 outlines the time within which a person must apply to the Victorian Civil and Administrative Tribunal (VCAT) to review a decision, with reference to the different kinds of decisions that VCAT can review in section 50.

Time for applying for review by VCAT

1.2

The following outlines the timeframe within which a person must apply to VCAT for review, based on the type of decision that was made.

1.3

Generally, a person will have 60 days to apply to VCAT for a review. One exception is if an agency or Minister would like to appeal the Office of the Victorian Information Commissioner’s (OVIC) review decision (made under section 49P). In this circumstance, the agency or Minister has 14 days to apply to VCAT for review.

Decisions where an application to VCAT must be made within 60 days

1.4

For the following decisions, applications to VCAT must be made within 60 days from the day the decision was provided:

Decision to refuse access under section 29A (documents affecting national security, defence or international relations).¹²
Decision to apply access charges under section 22 and the Information Commissioner certified the matter.¹³
Decision under section 12(2) not to specify a document in section 8(2)(b) or section 11(2)(b).¹⁴
Third party applications –
- personal affairs information (section 33): decision to disclose a third party’s personal affairs information (where the third party did not consent to the disclosure);¹⁵
- information communicated in confidence (section 35(1)): decision to disclose information communicated in confidence (where the third party did not consent to the disclosure);¹⁶
- business, commercial or financial undertaking (section 34): decision to disclose a business, commercial or financial undertaking’s trade secrets, or other matters of a business, commercial or financial nature (where the undertaking did not consent to the disclosure).¹⁷
Decision to not amend a document containing the individual’s personal affairs information (section 39).¹⁸
Review decision by OVIC to refuse access to a document.¹⁹
Review decision by OVIC to defer access to a document.²⁰
Decision by an agency or Minister to refuse access to a document and OVIC does not accept, or dismisses, the review under section 49G(1).²¹
Where conciliation by the Health Complaints Commissioner under section 49Q is not successful.²²

Decisions where an application to VCAT must be made within 14 days

1.5

An agency or Minister must apply for a review of the Information Commissioner’s decision made under section 49P within 14 days from the day the written notice of decision was given to the agency or Minister. ²⁴

No time limit to apply to VCAT

1.6

There is no time limit to apply to VCAT where the required time for making a decision in section 21 has passed and no decision has been made (deemed refusal). An applicant may apply for review of a decision of an agency or Minister that has been taken to be made under section 53. An application may be made at any time until a decision is made.

More information

For more information on:

what VCAT can review, see section 50 – Applications for review by the Tribunal;
VCAT, visit its website here.

Freedom of Information Act 1982 (Vic), section 50(1)(e).
Freedom of Information Act 1982 (Vic), section 50(1)(g). An applicant may apply to VCAT to review an agency or Minister’s decision to request the applicant to pay access charges if the Information Commissioner certifies the matter as one of sufficient importance for VCAT to consider.
Freedom of Information Act 1982 (Vic), section 50(2); see Part II for more information.
Freedom of Information Act 1982 (Vic), section 50(3).
Freedom of Information Act 1982 (Vic), section 50(3AB).
Freedom of Information Act 1982 (Vic), section 50(3A).
Freedom of Information Act 1982 (Vic), sections 50(1)(ea) and 50(3B).
Freedom of Information Act 1982 (Vic), section 50(1)(b).
Freedom of Information Act 1982 (Vic), section 50(1)(c).
Freedom of Information Act 1982 (Vic), section 50(1)(d).
Freedom of Information Act 1982 (Vic), section 50(3C).
Freedom of Information Act 1982 (Vic), section 50(1)(e).
Freedom of Information Act 1982 (Vic), section 50(1)(g). An applicant may apply to VCAT to review an agency or Minister’s decision to request the applicant to pay access charges if the Information Commissioner certifies the matter as one of sufficient importance for VCAT to consider.
Freedom of Information Act 1982 (Vic), section 50(2); see Part II for more information.
Freedom of Information Act 1982 (Vic), section 50(3).
Freedom of Information Act 1982 (Vic), section 50(3AB).
Freedom of Information Act 1982 (Vic), section 50(3A).
Freedom of Information Act 1982 (Vic), sections 50(1)(ea) and 50(3B).
Freedom of Information Act 1982 (Vic), section 50(1)(b).
Freedom of Information Act 1982 (Vic), section 50(1)(c).
Freedom of Information Act 1982 (Vic), section 50(1)(d).
Freedom of Information Act 1982 (Vic), section 50(3C).
Freedom of Information Act 1982 (Vic), section 52(9).
Freedom of Information Act 1982 (Vic), section 52(9).

Section 52 - Time for applying for review

Extract of legislation

Guidelines

Overview of section 52

Time for applying for review by VCAT

Decisions where an application to VCAT must be made within 60 days

Decisions where an application to VCAT must be made within 14 days

No time limit to apply to VCAT

More information

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Contents

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52	Time for applying for review
	(1)	An application to the Tribunal under section 50(1)(e) or (g) must be made within 60 days from the day on which notice in writing of a decision on the request is given to the applicant.
	(2)	An application to the Tribunal under section 50(2) must be made within 60 days from the day on which notice in writing of the decision under section 12(2)(a) is given to the person.
	(3)	An application to the Tribunal under section 50(3), (3A) or (3AB) must be made within 60 days from the day on which notice in writing of a decision to disclose the document is given to the person or undertaking, as the case requires.
	(4)	An application to the Tribunal under section 50(3B) in relation to a decision by the principal officer of an agency or a Minister must be made within 60 days from the day on which notice in writing of the decision is given to the applicant.
	(5)	An application to the Tribunal under section 50(1)(b) or (c) must be made within 60 days from the day on which notice in writing of the decision of the Information Commissioner on the review is given to the applicant under Division 1.
	(6)	An application to the Tribunal under section 50(3B) in relation to a decision by the Information Commissioner must be made within 60 days from the day on which notice in writing of the decision of the Information Commissioner on the review is given to the applicant under Division 1.
	(7)	An application to the Tribunal under section 50(1)(d) must be made within 60 days from the day on which notice in writing of a decision of the Information Commissioner under section 49G is given to the applicant.
	(8)	An application to the Tribunal under section 50(3C) must be made within 60 days from the day on which notice in writing of the decision under Division 2 is given to the applicant.
	(9)	An application to the Tribunal under section 50(3D) must be made within 14 days from the day on which notice in writing of the decision under Division 1 is given to the agency or Minister.