Victorian Numbered Acts Victorian Numbered Acts(1) In section 50 of the Principal Act, for "Freedom of Information Commissioner" (wherever occurring) substitute "Information Commissioner".
(2) In section 50(1) of the Principal Act—
(a) in paragraph (d), after "agency" insert "or Minister";
(b) for paragraph (e) substitute —
"(e) a decision of an agency or a Minister refusing to grant access to a document that is claimed to be exempt under section 29A;
(ea) a decision of an agency or a Minister refusing to grant access to a document or refusing to amend a document, or a decision of a principal officer refusing to specify a document in a statement, that is taken to have been made under section 53;";
(c) paragraphs (a) and (f) are repealed .
(3) For section 50(3) of the Principal Act substitute —
"(3) Subject to subsection (3AC), a person who is the subject of information in a document referred to in section 33(3) (or in the case of a deceased person, that person's next of kin) may apply to the Tribunal for a review of a decision to disclose that document.".
(4) For section 50(3A) of the Principal Act substitute —
"(3A) Subject to subsection (3AC), a business, commercial or financial undertaking may apply to the Tribunal for a review of a decision to disclose a document referred to in section 34.
(3AB) Subject to subsection (3AC), a person who communicated information or a matter in confidence, or on whose behalf information or a matter was communicated (or in the case of a deceased person, that person's next of kin), may apply to the Tribunal for a review of a decision to disclose a document referred to in section 35(1).
(3AC) A person or undertaking may not apply for review under subsection (3), (3A) or (3AB) if that person or undertaking consented to the disclosure of the document, and the document was disclosed in accordance with that consent.
Note
A person or undertaking may consent to disclosure of a document subject to the deletion of certain information in that document—see sections 33(2B), 34(3) and 35(1A).".
(5) In section 50(3C), (3D), (3F), (3FA) and (3G) of the Principal Act, after "agency" (where twice occurring) insert "or Minister".
(6) In section 50(3H) of the Principal Act, for "or (3A)" substitute ", (3A) or (3AB)".
(7) In section 50(4) of the Principal Act, after "section 31(3)," insert "section 31A,".
(8) In section 50(5) of the Principal Act, for "section 28(4)" substitute "section 61ZA(2)".