The principal registrar's rejection of the applicant's FOI review application was confirmed under VCAT Act s 71(5)(a), on the basis that the applicant was not entitled to bring the application directly to VCAT. Where an agency has made and notified an FOI decision within the statutory timeframe, FOI Act ss 50(1)(ea) and 53 do not provide an avenue for direct VCAT review, even if the applicant contends the decision is non-responsive or incomplete; the proper avenue is complaint or review through OVIC. Complaints about the adequacy of an agency's document searches are similarly matters for OVIC, not VCAT, where the agency decision was not delayed.
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