5 Definitions s. 5 (1) In this Act, except insofar as the context or subject-matter otherwise indicates or requires— S. 5(1) def. of agency amended by No. 58/1993 s. 16(a). agency means a department council or a prescribed authority; applicant means a person who has made a request in accordance with section 17 or has applied under section 12(1) for a statement published by a principal officer to be altered; S. 5(1) def. of Assistant inserted by No. 59/2014 s. 3. Assistant Commissioner means an Assistant Freedom of Information Commissioner appointed under Part IA; S. 5(1) def. of business day inserted by No. 59/2014 s. 3. business day means a day other than a Saturday, a Sunday or a public holiday or half-holiday appointed under the Public Holidays Act 1993; S. 5(1) def. of closed meeting inserted by No. 58/1993 s. 16(b). closed meeting in relation to a council, means a meeting closed to the public under section 89(2) of the Local Government Act 1989; S. 5(1) def. of council inserted by No. 58/1993 s. 16(b). council has the same meaning as in section 3(1) of the Local Government Act 1989; S. 5(1) def. of Court Services Victoria inserted by No. 1/2014 s. 66(b). Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2014;
S. 5(1) def. of department substituted by Nos 10046 s. 32(a), 58/1993 s. 4, 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 84(a)), 37/2014 s. 10(Sch. item 69.1). department means a department within the meaning of the Public Administration Act 2004 or an office or body specified in section 16(1) of that Act; S. 5(1) def. of document amended by No. 30/2006 s. 19(1). document includes, in addition to a document in writing— (a) any book map plan graph or drawing; and (b) any photograph; and (c) any label marking or other writing which identifies or describes any thing of which it forms part, or to which it is attached by any means whatsoever; and (d) any disc tape sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and s. 5 (e) any film negative tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and (f) anything whatsoever on which is marked any words figures letters or symbols which are capable of carrying a definite meaning to persons conversant with them; and
Ombudsman means the Ombudsman appointed under the Ombudsman Act 1973; S. 5(1) def. of prescribed authority amended by Nos 12/1989 s. 4(1)(Sch. 2 item 46.2), 58/1993 s. 16(d)(i)(ii). prescribed authority means— (a) a body corporate established for a public purpose by, or in accordance with, the provisions of an Act, or a body unincorporate created by the Governor in Council or by a Minister, other than— (i) an incorporated company or association; (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; s. 5 (iii) a Royal Commission; or * * * * * (v) a school council; (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being— (i) an incorporated company or association or unincorporated body which is supported directly or indirectly by government funds or other assistance or over which the State is in a position to exercise control; or (ii) a body established by or under an Act of Parliament; (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an Act; or
(d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor in Council, or by a Minister, otherwise than under an Act; S. 5(1) def. of principal officer amended by Nos 10046 s. 32(b), 58/1993 s. 16(e), 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 5.1), 108/2004 s. 117(1) (Sch. 3 item 84(c)), 1/2014 s. 66(a). principal officer means— (a) in relation to a department, the person employed as or performing the duties of the Department Head within the meaning of the Public Administration Act 2004; and s. 5 (aa) in relation to a council, the person holding, or performing the duties of, the office of chief administrative officer of the council (by whatever name called); and (b) in relation to a prescribed authority— (i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or (ia) in the case of Court Services Victoria—the person holding the office or performing the duties of the Chief Executive Officer of Court Services Victoria; or (ii) in any other case—the person who constitutes that authority or, if the authority is constituted by two or more persons, the person who is entitled to preside at any meeting
S. 6I(4A) inserted by No. 59/2014 s. 8(4). (4A) The Minister may at any time remove an Acting Assistant Commissioner from office. S. 6I(5) amended by No. 59/2014 s. 8(5). (5) While a person is acting in the office of Freedom of Information Commissioner or Assistant Commissioner, the person— (a) has, and may exercise, all the powers and must perform all the functions of that office; and S. 6I(5)(b) amended by No. 59/2014 s. 8(5). (b) is entitled to be paid the remuneration and allowances that the Freedom of Information Commissioner or Assistant Commissioner would have been entitled to for performing those functions. S. 6J inserted by No. 6/2012 s. 6. 6J Staff s. 6J The Freedom of Information Commissioner may— (a) employ under Part 3 of the Public Administration Act 2004 any employees that are necessary for the purposes of the Commissioner's functions under this Act; and (b) engage any contractor, agent or other person to assist the Commissioner in the performance of the Commissioner's functions. S. 6K inserted by No. 6/2012 s. 6, amended by No. 59/2014 s. 9(2) (ILA s. 39B(1)). 6K Delegation (1) The Freedom of Information Commissioner may by instrument delegate to a person referred to in section 6J any of the Commissioner's functions and powers except— S. 6K(a) amended by No. 59/2014 s. 9(1)(a). (a) the power to make a fresh decision under section 49P on a review under Part VI; or
(3) A production notice cannot require production of a document that the prescribed agency claims to be exempt under section 28 or 29A. (4) The production notice must state— (a) the documents to be produced; and (b) whether the original of a document is to be produced; and (c) the time (being not less than 14 days after the notice is given) for compliance with the notice (the compliance period); and (d) the place where the documents are to be produced. (5) The Freedom of Information Commissioner must give a copy of a production notice to the principal officer of the prescribed agency. s. 61J (6) Before issuing a production notice, the Freedom of Information Commissioner must consider the most appropriate way for the documents to be produced, taking into account any special requirements needed for the security of the documents. (7) The Freedom of Information Commissioner may amend or revoke a production notice during the compliance period set out in the notice. (8) Unless the Supreme Court orders otherwise, the prescribed agency must produce the documents in accordance with the production notice within the compliance period set out in that notice. (9) If an application is made to the Supreme Court in relation to the issuing of a production notice, the compliance period set out in that notice is suspended for the period between the making and the determination of the application.
(8) If the Freedom of Information Commissioner determines that the subject-matter of the complaint requires further investigation and is within the jurisdiction of a person or body who or which is prescribed by the regulations for the purposes of this section, the Commissioner may refer the matter to that body for investigation. S. 61L(9) inserted by No. 59/2014 s. 21. (9) If the complaint is dealt with by an Assistant Commissioner, the Assistant Commissioner must notify the Freedom of Information Commissioner of the Assistant Commissioner's recommendations in relation to the complaint under this section, and of any referral under subsection (8). Note See section 61AB for complaints dealt with by an Assistant Commissioner. S. 61M inserted by No. 6/2012 s. 24, substituted by No. 82/2012 s. 252. 61M Complaints notified or referred by other bodies The Freedom of Information Commissioner may treat a complaint— (a) notified to him or her by the Ombudsman under section 16G of the Ombudsman Act 1973; or (b) referred to him or her by— (i) the Victorian Privacy Commissioner under section 34B of the Information Privacy Act 2000; or (ii) the Health Services Commissioner under section 51 of the Health Records Act 2001— as if it were a complaint made under section 61A. S. 61N inserted by No. 6/2012 s. 24. 61N Communication of information to appropriate body s. 61M The Freedom of Information Commissioner may communicate to a person or body to whom or which a complaint is referred under section 61C
(a) a request for access to a document was made to an agency or the Minister under Part III as in force before 1 January 2000; and (b) an application was made under section 51 for review of a decision on the request before 1 January 2000; and (c) a decision had not been made on that application before 1 January 2000— the application under section 51 must be dealt with in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999. (3) If— s. 68 (a) a person was entitled before 1 January 2000 to make an application under section 51 for review of a decision on a request; and (b) the application is made on or after 1 January 2000— the application must be dealt with in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999. (4) If— (a) a person is entitled before 1 January 2000 to apply to the Tribunal for a review of a decision referred to in section 50(2); and (b) the application is made on or after 1 January 2000— the Tribunal must determine the application in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999.
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 20) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Freedom of Information Act 1982 Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 Assent Date: 18.12.12 Commencement Date: S. 252 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2 : This information relates only to the provision/s amending the Freedom of Information Act 1982 Endnotes Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 3(Sch. 1 item 16) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 Court Services Victoria Act 2014, No. 1/2014 Assent Date: 11.2.14 Commencement Date: Ss 66, 67 on 1.7.14: s. 2(2) Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 69) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 Freedom of Information and Victorian Inspectorate Acts Amendment Act 2014, No. 59/2014 Assent Date: 2.9.14 Commencement Date: Ss 3–24 on 3.9.14: s. 2(1) Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.