Victorian Numbered Acts Victorian Numbered ActsAfter section 61G of the Principal Act insert —
(1) If, when dealing with a complaint under this Part, the Information Commissioner reasonably believes that an agency, principal officer or Minister has failed to undertake an adequate search for documents that relate to a decision that is the subject of the complaint, the Information Commissioner may give a notice to an agency, principal officer of an agency or Minister to require that agency, principal officer or Minister—
(a) in the case of a decision of an agency or Minister under section 25A(1) or (5), to process or identify a reasonable sample of the documents to which the request relates; or
(b) in any other case, to further search or to cause a further search to be undertaken for documents in the possession, custody or control of the agency or Minister.
(2) The agency, principal officer or Minister must comply with a requirement of the Information Commissioner under subsection (1) within the reasonable period stated in the notice, being not less than 10 business days.
(3) The Information Commissioner, on request of the agency or Minister, may extend the time for complying with a notice under subsection (1).
(4) The Information Commissioner may specify any reasonable means or method for undertaking a further search under subsection (1)(b).
Example
The Information Commissioner may specify that the agency is required to undertake a search of the agency's email system by searching specified keywords.
If the Information Commissioner determines that a complaint can be resolved informally, the Information Commissioner must take reasonable steps to resolve the complaint.".