Application for leave to appeal from orders of Victorian Civil and Administrative Tribunal
Freedom of Information Act 1982 ss 17, 22, 23, 25A, 50(1)(ea), 53
Deemed refusal
Quick Take
1Under s 22(5) of the Freedom of Information Act 1982 (Vic), once an agency issues a valid deposit notice under s 22(3), the FOI request is deemed received only on the day the deposit is paid; until payment, the 30-day decision period under s 21(1) does not commence, and the agency cannot be taken to have made a deemed refusal under s 53(1) enlivening VCAT jurisdiction under s 50(1)(ea).
2Complaints about an agency's failure to engage in charge discussions under s 22(6) of the FOI Act, or about the validity or quantum of access charges, are matters for the Information Commissioner under s 61A, not for VCAT in a deemed refusal review proceeding.
3A protective costs order under s 65C of the Civil Procedure Act 2010 (Vic) will not be made where the underlying claim lacks merit, the applicant delayed agitating the application, there is no significant public interest element, and the proceeding's complexity is largely attributable to the applicant's own conduct.
