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[2004] VCAT 469
Victorian Civil and Administrative Tribunal
2004-03-05
Original judgment source is linked above.
General List - no internal review - Freedom of Information Act 1982 s 51(1) and (2)
1 Application for review is dismissed on the basis that the Tribunal does not have jurisdiction to review the decision because there has been no internal review as required by s 51 of the Freedom of Information Act 1982.
1 Mr Russell the applicant in this proceeding was not present when I made the following orders on 5 March 2004 :
1. Application for review is dismissed on the basis that the Tribunal does not have jurisdiction to review the decision because there has been no internal review as required by s 51 of the Freedom of Information Act 1982.
2 Section 51(1) and (2) of the Freedom of Information Act 1982 states :
(1) Where a decision has been made, in relation to a request to an agency, otherwise than by the responsible Minister or principal officer of the agency (not being a decision on a review under this section), the applicant may, within 28 days after the day on which notice of the decision was given to the applicant in accordance with section 27, apply to the principal officer of the agency for a review of the decision.
(2) A person is not entitled to apply to the Tribunal for review of a decision in relation to which sub-section (1) applies unless -
(a) he has made an application under sub-section (1) in relation to the decision; and
(b) he has been informed of the result of the review or a period of fourteen days has elapsed since the day on which he made that application.
3 Mr Russell was not entitled to apply to the Tribunal for review of the Commission's decision of 8 December 2003 made in response to Mr Russell's substituted request of 31 October 2003 because he had not made an application for internal review of his substituted request as required by the legislation. Moreover, the Commission's response to the substituted request indicates that Mr Russell has been provided with all material that could be located in response to that request.
4 I therefore dismissed the application for review.
# Russell
Transport Accident Commission \[2004\] VCAT 469