Victorian Numbered Acts Victorian Numbered ActsAfter section 35(1) of the Principal Act insert —
"(1A) An agency or Minister, in deciding whether a document is an exempt document under subsection (1), must—
(a) notify the following that the agency or Minister has received a request for access to the document—
(i) the person or government that communicated the information or matter;
(ii) the person or government on whose behalf the information or matter was communicated; and
(b) seek the view of that person or government as to whether—
(i) the information or matter was communicated in confidence; and
(ii) the disclosure of the information or matter would be contrary to the public interest for the reason set out in subsection (1)(b); and
(c) if notifying a person, state
that if the person consents to disclosure of the document, or disclosure
subject to deletion of the information or matter communicated in confidence,
the
person is not entitled to apply to the Tribunal for review of a decision
to grant access to that document.
(1B) Despite subsection (1A), an agency or Minister is not required to notify a person if—
(a) the notification would be reasonably likely to endanger the life or physical safety of that person, or cause that person undue distress, or is otherwise unreasonable in the circumstances; or
(b) it is not practicable to do so.
(1C) If the agency or Minister, after consultation, decides to disclose the document, the agency or Minister must notify the person who communicated the information or matter, or on whose behalf the information or matter was communicated, 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(3AB).
(1D) An agency or Minister is not required to notify a person who 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).".