(2) Subject to subsection (3), if the Freedom of Information Commissioner is not satisfied that he or she can reasonably make a decision or recommendation on the basis of the explanation given under subsection (1), the Commissioner may ask to inspect and make copies of the document unless it is a document claimed to be exempt under section 28 or 29A. (3) If the document is claimed to be exempt under section 31— s. 29 (a) the inspection of the document requested under subsection (2) may only take place at the premises of the agency which, or the Minister who, made the claim; and (b) the Freedom of Information Commissioner is not entitled to possession of, or to make copies of, the document. 63D Use of documents (1) The Freedom of Information Commissioner must do all things necessary to ensure that only a specified person has access to a document, or the contents of a document, produced to the Commissioner in a review under Division 1 of Part VI or in dealing with a complaint under Part VIA. (2) Any person who is or has been a specified person must not intentionally or recklessly disclose any information or document or the contents of any document received or considered in the course of a review under Division 1 of Part VI or a complaint under Part VIA to any person other than—
(a) a specified person in the course of performing the person's functions under this or any other Act or acting for or on behalf of a specified person in the performance of those functions; or (b) the person who provided the information or document or that person's representative; or (c) in accordance with section 61N. Penalty: 240 penalty units or imprisonment for 2 years or both. (3) Subject to subsection (4), the Freedom of Information Commissioner may copy any document produced to the Commissioner in a review under Division 1 of Part VI or in dealing with a complaint under Part VIA other than a document claimed to be exempt under section 28, 29A or 31. s. 29 (4) The Freedom of Information Commissioner may copy a document that is claimed to be an exempt document (other than a document claimed to be exempt under section 28, 29A or 31)) only to the extent that this is necessary for the performance of the Commissioner's functions in conducting a review or dealing with a complaint. (5) The Freedom of Information Commissioner must, on completion of a review or a complaint process— (a) return any document produced to the Commissioner in the review of a request or in dealing with the complaint to the person who produced the document; and (b) return to that person, or destroy, any copies of the document.
See: Act No. 8414. Reprint No. 8 as at 7 March 2008 and amending Act Nos 65/2007, 34/2008, 27/2009, 69/2009, 29/2011, 66/2011 and 70/2011. LawToday: www. legislation. vic.gov.au After section 13(3A) of the Ombudsman Act 1973 insert— "(3B) Nothing in this Act authorises any complaint to be made in relation to, or any enquiry into or investigation of, an administrative action taken by or on behalf of an agency or Minister under the Freedom of Information Act 1982.". 44 New section 15C inserted s. 44 After section 15B of the Ombudsman Act 1973 insert— "15C Referral of complaint (freedom of information) If the complaint could be made the subject of a complaint under Part VIA of the Freedom of Information Act 1982, the Ombudsman must refer the complaint to the Freedom of Information Commissioner and notify the complainant and the respondent in writing of the referral.". 45 Confidentiality
In section 20(1)(a)(iii) of the Ombudsman Act 1973, after "section 20A" insert ", 20B, 20C or 20D". 46 New section 20D inserted After section 20C of the Ombudsman Act 1973 insert— "20D Communication of information to Freedom of Information Commissioner The Ombudsman or the Acting Ombudsman must communicate to the Freedom of Information Commissioner appointed under the Freedom of Information Act 1982 any information obtained or received in the course of, or as a result of, the exercise of the functions of the Ombudsman under this Act, being information relating to a complaint referred to the Freedom of Information Commissioner under section 15C.". 47 New section 34 inserted s. 47 After section 33 of the Ombudsman Act 1973 insert— "34 Transitional provision—complaints under the Freedom of Information Act 1982 Despite the amendment of this Act by section 43 of the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, this Act continues to apply to any complaint made to the Ombudsman before the commencement of section 43 in relation to an administrative action under the Freedom of Information
Act 1982, as if section 43 had not been enacted.". Division 4—Parliamentary Committees Act 2003 48 Establishment of Joint House Committees See: Act No. 110/2003. Reprint No. 1 as at 26 July 2006 and amending Act Nos 43/2006, 4/2007, 7/2011, 8/2011, 66/2011 and 70/2011. LawToday: www. legislation. vic.gov.au Before section 5(a) of the Parliamentary Committees Act 2003 insert— "(aa) the Accountability and Oversight Committee;". 49 New section 6A inserted s. 49 (1) After section 6 of the Parliamentary Committees Act 2003 insert— "6A Accountability and Oversight Committee (1) The functions of the Accountability and Oversight Committee are— (a) to monitor and review the performance of the functions and exercise of the powers of the Freedom of Information Commissioner; and (b) to consider and investigate complaints concerning the Freedom of Information
to a complaint under the Freedom of Information Act 1982.". Division 5—Public Administration Act 2004 50 Special bodies s. 50 See: Act No. 108/2004. Reprint No. 2 as at 20 August 2009 and amending Act Nos 77/2008, 69/2009, 16/2010, 34/2011, 47/2011, 56/2011, 66/2011 and 70/2011. LawToday: www. legislation. vic.gov.au After section 6(1)(f) of the Public Administration Act 2004 insert— "(g) the office of the Freedom of Information Commissioner;". 51 Persons with functions of public service body Head s. 51 After section 16(1)(i) of the Public Administration Act 2004 insert— "(ia) the Freedom of Information Commissioner in relation to the office of the Freedom of Information Commissioner;". Division 6—Victorian Civil and Administrative Tribunal Act 1998 52 Person whose personal privacy is affected may intervene