S. 3 def. of Chief of Police amended by No. 60/2014 s. 129(a). Chief Commissioner of Police means the Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013; Chief Statistician means the person employed as the Chief Statistician under section 4 of the Crime Statistics Act 2014; child means a person under the age of 18 years; S. 3 def. of repealed by No. 20/2017 s. 79(b). * * * * * Commonwealth-regulated organisation means an agency within the meaning of the Privacy Act 1988 of the Commonwealth and to which that Act applies; consent means express consent or implied consent; contracted service provider means a person or body who provides services under a State contract; correct, in relation to personal information, means alter that information by way of amendment, deletion or addition; Council has the same meaning as in the Local Government Act 1989; crime statistics data means— (a) any law enforcement data obtained by the Chief Statistician from the Chief Commissioner of Police under section 7 of the Crime Statistics Act 2014; or
(ii) provides that the practice does not need to comply with a specified Information Privacy Principle (other than IPP 4 or 6) or an approved code of practice; (iii) permits handling personal information for the purposes of an information handling provision. (2) An information usage arrangement must— (a) specify the parties to the arrangement; and Note See section 46 as to who can be a party to an information usage arrangement. (b) specify the personal information or type of personal information to be handled under the arrangement; and (c) describe how the arrangement would facilitate one or more public purposes; and (d) if handling personal information under the arrangement modifies or provides for noncompliance with an Information Privacy Principle or an approved code of practice— (i) identify the Information Privacy Principle or approved code of practice; and (ii) state how the Information Privacy Principle or approved code of practice would be modified or not complied with; and (e) if the arrangement would be for the purposes of an information handling provision— (i) identify the provision; and (ii) describe the effect of the provision; and (f) for every party to the arrangement—
opinion, the provision stated under section 45(2)(e) is an information handling provision. S. 49 (Heading) amended by No. 20/2017 s. 106(4). 49 Information Commissioner's certificate S. 49(1) amended by No. 20/2017 s. 106(2). (1) If— (a) an application is made under section 47 for approval of an information usage arrangement; and (b) the arrangement would modify the application of, or provide for noncompliance with, a specified Information Privacy Principle or an approved code of practice; and S. 49(1)(c) amended by No. 20/2017 s. 106(2). (c) the Information Commissioner is satisfied that the public interest in handling personal information under the information usage arrangement in the way specified under section 45(2)(d) would substantially outweigh the public interest in complying with the specified Information Privacy Principle or approved code of practice— the Information Commissioner must issue a certificate to that effect in respect of the information usage arrangement. S. 49(2) amended by No. 20/2017 s. 106(2). (2) If— (a) an application is made under section 47 for approval of an information usage arrangement for the purposes of an information handling provision; and S. 49(2)(b) amended by No. 20/2017 s. 106(2). (b) the Information Commissioner is satisfied that the public interest in treating the handling of personal information as being permitted for the purpose of the information
(1) The relevant Minister must revoke the approval of an information usage arrangement if the relevant Minister— S. 53(1)(a) amended by No. 20/2017 s. 106(2). (a) is notified by the Information Commissioner that any ground set out in subsection (3)(a) exists; or (b) becomes aware that a ground set out in subsection (3)(b) exists. S. 53(2) amended by No. 20/2017 s. 106(2). (2) The relevant Minister may revoke the approval of an information usage arrangement on request of the Information Commissioner or any party that is an organisation. (3) The grounds for revocation under subsection (1) are— S. 53(3)(a) amended by No. 20/2017 s. 106(2). (a) if the information usage arrangement modifies or provides for noncompliance with a specified Information Privacy Principle or approved code of practice, the Information Commissioner is no longer satisfied that the public interest in information handling under the arrangement substantially outweighs the public interest in complying with the Information Privacy Principles; or (b) the reasons in the application for approval of the information usage arrangement no longer apply. S. 53(4) amended by No. 20/2017 s. 106(2). (4) The Information Commissioner must give written notice to the parties to the information usage arrangement before notifying the Minister of the existence of a ground for revocation set out in subsection (3)(a). (5) The relevant Minister must give written notice to the parties to the information usage arrangement
(a) by a child; or (b) on behalf of a child by— (i) a parent of the child; or (ii) any other individual chosen by the child or by a parent of the child; or S. 59(1)(b)(iii) amended by No. 20/2017 s. 106(5). (iii) any other individual who, in the opinion of the Information Commissioner, has a sufficient interest in the subject matter of the complaint. (2) A child who is capable of understanding the general nature and effect of choosing an individual to make a complaint on the child's behalf may do so even if the child is otherwise incapable of exercising powers. 60 Complaints by people with a disability (1) If an individual is unable to complain because of a disability, a complaint may be made on behalf of that individual by— (a) another individual authorised by that individual to complain on the individual's behalf; or S. 60(1)(b) amended by No. 20/2017 s. 106(5). (b) if that individual is unable to authorise another individual, any other individual on the individual's behalf who, in the opinion of the Information Commissioner, has a sufficient interest in the subject matter of the complaint. (2) In this section— disability has the same meaning as in the Equal Opportunity Act 2010. Subdivision 2—Procedure after a complaint is made
S. 67(2)(a) amended by No. 20/2017 s. 106(2). (a) that the Information Commissioner has declined to entertain under section 62, referred under section 63 or dismissed under section 64; or (b) that the Minister has referred to VCAT under section 65. S. 67(3) amended by No. 20/2017 s. 106(2). (3) The Information Commissioner may require a party to attend a conciliation either personally or by a representative who has authority to settle the matter on behalf of the party. S. 68 substituted by No. 20/2017 s. 84. 68 Information Commissioner may issue notice to produce or attend If the Information Commissioner has reason to believe that a person has information or a document relevant to a conciliation under this Subdivision, the Information Commissioner may serve a notice to produce or attend on the person, in accordance with Division 10. 69 Conciliation agreements (1) If, following conciliation, the parties to the complaint reach agreement with respect to the subject matter of the complaint— S. 69(1)(a) amended by No. 20/2017 s. 106(2). (a) at the request of any party made within 30 days after agreement is reached, a written record of the conciliation agreement is to be prepared by the parties or the Information Commissioner; and S. 69(1)(b) amended by No. 20/2017 s. 106(2). (b) the record must be signed by or on behalf of each party and certified by the Information Commissioner; and S. 69(1)(c) amended by No. 20/2017 s. 106(2). (c) the Information Commissioner must give each party a copy of the signed and certified record.
(4) In this clause— reporting period means the period commencing on 1 July in any year and ending on 30 June in the following year. 15 Annual reports under Commissioner for Law Enforcement Data Security Act 2005 for reporting periods which end on or after commencement day (1) This clause applies if a reporting period ends on or after the commencement day. (2) On and after the commencement day, the Commissioner must, for the reporting period, make a report to the Minister under section 17 of the Commissioner for Law Enforcement Data Security Act 2005 and include that report as part of the Commissioner's first report after the end of the reporting period under section 116. (3) Section 17 of the Commissioner for Law Enforcement Data Security Act 2005 applies for the purposes of subclause (2) as if that section had not been repealed. (4) In this clause— reporting period means the period commencing on 1 July in any year and ending on 30 June in the following year. 16 Annual reports under Commissioner for Law Enforcement Data Security Act 2005 that have not been laid before Parliament (1) This clause applies if— (a) a report has been made to the Minister under section 17 of the Commissioner for Law Enforcement Data Security Act 2005 before the commencement day; and