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FREEDOM OF INFORMATION AMENDMENT (OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER) ACT 2017 (NO. 20 OF 2017) - SECT 18

Documents related to trade secrets etc.

For section 34(3) of the Principal Act substitute

    "(3)     An agency or Minister, in deciding whether the disclosure of information would expose an undertaking unreasonably to disadvantage, if practicable, must—

        (a)     notify the undertaking that the agency or Minister has received a request for access to the document; and

        (b)     seek the undertaking's view as to whether disclosure of the document should occur; and

        (c)     state that if the undertaking consents to disclosure of the document, or disclosure subject to deletion of information likely to expose the undertaking to disadvantage, the undertaking is not entitled to apply to the Tribunal for review of a decision to grant access to that document.

    (3A)     If the agency or Minister, after consultation, decides to disclose the document, the agency or Minister must notify the undertaking from which the document was acquired of the—

        (a)         decision to grant access to the document; and

        (b)     right to make an application for review of the decision provided by section 50(3A).

    (3B)     An agency or Minister is not required to notify an undertaking that has consented to disclosure of a document, or a document with deletions, of the decision to disclose that document or document with deletions (as the case requires).".



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