48 Commissioner's report 46 49 Commissioner's certificate 46 50 Ministerial approval of information usage arrangement 48 51 Effect of approved information usage arrangement 49 52 Amendment of approved information usage arrangement 49 53 Revocation of approval of information usage arrangement 50 54 Reporting requirements for approved information usage arrangements 51 Division 7—Certification 52 55 Commissioner may certify consistency of act or practice 52 56 Review of decision to issue certificate 52 Division 8—Information privacy complaints 53 Subdivision 1—Making a complaint 53 57 Complaints 53 58 Complaint referred to Commissioner 54 59 Complaints by minors 55 60 Complaints by people with a disability 55 Subdivision 2—Procedure after a complaint is made 56 61 Commissioner must notify respondent 56 62 Circumstances in which Commissioner may decline to entertain complaint 56 63 Commissioner may refer complaint 58 64 Commissioner may dismiss stale complaint 59 65 Minister may refer a complaint direct to VCAT 59 66 What happens if conciliation is inappropriate? 60 Subdivision 3—Conciliation of complaints 60 67 Conciliation process 60 68 Power to obtain information and documents 61 69 Conciliation agreements 62 70 Evidence of conciliation is inadmissible 63 71 What happens if conciliation fails? 63 Subdivision 4—Interim orders 64 72 VCAT may make interim orders before hearing 64 Subdivision 5—Jurisdiction of VCAT 65 73 When may VCAT hear a complaint? 65 74 Who are the parties to a proceeding? 66 75 Time limits for complaints referred by the Minister 66 76 Inspection of exempt documents by VCAT 66 77 What may VCAT decide? 68
of the public and includes information held on a public register; handling, in relation to personal information, means collection, holding, management, use, disclosure or transfer of personal information; s. 3 IBAC means the Independent Broad-based Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; illness means a physical, mental or emotional illness, and includes a suspected illness; information handling provision means a provision of an Act that permits handling of personal information— (a) as authorised or required by law or by or under an Act; or (b) in circumstances or for purposes required by law or by or under an Act; Information Privacy Principle means any of the Information Privacy Principles set out in Schedule 1; information usage arrangement has the meaning given by section 45; IPP means Information Privacy Principle; S. 3 def. of law enforcement agency amended by No. 60/2014 s. 129(b). law enforcement agency means— (a) Victoria Police; or (b) the police force or police service of another State or a Territory; or (c) the Australian Federal Police; or
(c) in connection with the conduct of proceedings commenced, or about to be commenced, in any court or tribunal; or s. 3 (d) for the purposes of its community policing functions; law enforcement data security standards means the standards issued, amended or reissued by the Commissioner under section 92; S. 3 def. of law enforcement data system amended by No. 60/2014 s. 129(d). law enforcement data system means a database kept by Victoria Police (whether in computerised or other form and however described) containing law enforcement data; organisation means a person or body to which Part 3 applies under section 13; parent, in relation to a child, includes— (a) the father and mother of the child; and (b) the spouse of the father or mother of the child; and (c) the domestic partner of the father or mother of the child; and (d) a person who has custody of the child; and (e) a person whose name is entered as the parent of the child in the register of births in the Register maintained by the Registrar of Births, Deaths and Marriages under Part 7 of the Births, Deaths and Marriages Registration Act 1996; and (f) a person who acknowledges that they are the parent of the child by an instrument of the kind described in section 8(2) or (2A) of the Status of Children Act 1974; and s. 3
(7) An organisation ceases to be bound by an approved code of practice on and after the date of the notice under subsection (6) or any later date stated in that notice as the date on and after which the organisation will cease to be bound by the code. 24 Effect of approved code s. 24 (1) If an approved code of practice is in operation and binding on an organisation, an act done, or practice engaged in, by the organisation that contravenes the code, is, for the purposes of this Act, taken to be a contravention of an Information Privacy Principle and may be dealt with as provided by that code and this Act. (2) Subsection (1) has effect whether or not that act or practice would otherwise contravene any Information Privacy Principle. 25 Codes of practice register (1) The Commissioner must cause a register of all approved codes of practice to be established and maintained. (2) The Commissioner may determine the form of the register. (3) A person may during business hours— (a) inspect the register and any documents that form part of it; or (b) on the payment of any prescribed fee, obtain a copy of any entry in, or document forming part of, the register. 26 Revocation of approval s. 26 (1) The Governor in Council, on the recommendation of the Minister acting on advice received from the Commissioner under subsection (2), may by
(g) the Mental Health Complaints Commissioner under the Mental Health Act 2014. (2) The Commissioner must notify the complainant and the respondent in writing of the referral. (3) A complainant may take no further action under this Act in relation to the subject matter of a complaint referred under this section. 64 Commissioner may dismiss stale complaint s. 64 (1) The Commissioner may dismiss a complaint if the Commissioner has had no substantive response from the complainant in the period of 90 days following a request by the Commissioner for a response in relation to the complaint. (2) As soon as possible after a dismissal under subsection (1), the Commissioner must, by notice in writing, notify the complainant and the respondent of the dismissal. (3) A complainant may take no further action under this Act in relation to the subject matter of a complaint dismissed under this section. 65 Minister may refer a complaint direct to VCAT (1) If the Minister considers that the subject matter of a complaint raises an issue of important public policy, the Minister may refer the complaint directly to VCAT for hearing under Subdivision 5, whether or not the Commissioner has considered it or the complaint is in the process of being conciliated. (2) The Minister is not a party to a proceeding on a complaint referred to VCAT under subsection (1) unless joined by VCAT.
(2) Without limiting subsection (1), the regulations may prescribe fees for providing access to personal information under this Act. (3) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances; and (c) may leave any matter to be determined by the Minister; and (d) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether— (i) wholly or partially or as amended by the regulations; or (ii) formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or s. 125 (iii) as formulated, issued, prescribed or published from time to time. __________________