(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 (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
be for the period, not exceeding 5 years, set out in the instrument of appointment. S. 6E(2) amended by No. 59/2014 s. 7(1). (2) The appointment of the Freedom of Information Commissioner or an Assistant Commissioner is to be on the terms and conditions set out in the instrument of appointment. S. 6E(3) amended by No. 59/2014 s. 7(1). (3) The Freedom of Information Commissioner or an Assistant Commissioner may be reappointed. S. 6E(4) amended by No. 59/2014 s. 7(1). (4) The Freedom of Information Commissioner or an Assistant Commissioner must not directly or indirectly engage in paid employment outside the duties of his or her office. S. 6E(5) amended by No. 59/2014 s. 7(1). (5) The Public Administration Act 2004 does not apply to the Freedom of Information Commissioner or an Assistant Commissioner in respect of his or her office as such except as provided in section 16 of that Act. S. 6F inserted by No. 6/2012 s. 6. 6F Remuneration S. 6F(1) amended by No. 59/2014 s. 7(1). (1) The Freedom of Information Commissioner or an Assistant Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council. S. 6F(2) amended by No. 59/2014 s. 7(1). (2) The remuneration of the Freedom of Information Commissioner or an Assistant Commissioner cannot be reduced during his or her period of appointment, unless he or she consents to the reduction. S. 6G inserted by No. 6/2012 s. 6, amended by No. 59/2014 s. 7(2). 6G Vacancy and resignation The Freedom of Information Commissioner or an Assistant Commissioner ceases to hold office if he or she—
House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection. (5) If the Freedom of Information Commissioner is suspended from office under subsection (1), he or she is taken not to be the Freedom of Information Commissioner during the period of suspension. S. 6H(6) inserted by No. 59/2014 s. 7(3). (6) The Governor in Council may remove an Assistant Commissioner from office on any of the following grounds— (a) misconduct; (b) neglect of duty; (c) inability to perform the duties of the office; (d) any other ground on which the Governor in Council is satisfied that the Assistant Commissioner is unfit to hold office. S. 6I (Heading) amended by No. 59/2014 s. 8(1). S. 6I inserted by No. 6/2012 s. 6. 6I Acting Freedom of Information Commissioner and Assistant Commissioners (1) The Governor in Council may appoint a person eligible to be appointed as Freedom of Information Commissioner to act as the Freedom of Information Commissioner— (a) during a vacancy in the office of the Freedom of Information Commissioner; or (b) during any period, or all periods, when the Freedom of Information Commissioner is absent from duty or from the State or, for another reason, cannot perform the functions of the office. S. 6I(1A) inserted by No. 59/2014 s. 8(2). (1A) The Minister may appoint a person eligible to be appointed as an Assistant Commissioner to act as an Assistant Commissioner— (a) within 6 months after an Assistant Commissioner has ceased to hold office; or
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 S. 6K(b) amended by No. 59/2014 s. 9(1)(b). (b) the power to make recommendations under section 61L in relation to a complaint under Part VIA; or (c) the power to prepare a report under Part VII; or (d) this power of delegation. S. 6K(2) inserted by No. 59/2014 s. 9(2). (2) The Freedom of Information Commissioner may by instrument delegate to an Assistant Commissioner any of the Freedom of Information Commissioner's functions and powers except— (a) the power to prepare a report under Part VII; or (b) this power of delegation. S. 6K(3) inserted by No. 59/2014 s. 9(2). (3) An Assistant Commissioner may by instrument delegate to a person referred to in section 6J any of the Assistant Commissioner's functions and powers except—
inclusion in a document of an agency would cause that document to be an exempt document. S. 7(4) substituted by No. 58/1993 s. 5(4), amended by No. 58/1993 s. 17(3). (4) The information to be published in accordance with this section by an agency, that is a department or prescribed agency, must be published by including it— (a) in the annual report of the agency to the responsible Minister of the agency; or (b) if there is no such annual report—in the annual report of the department, or a department administered, or part of which is administered, by the responsible Minister of the agency. S. 7(4A) inserted by No. 58/1993 s. 5(4). (4A) Subsection (1) applies to an agency that becomes an agency on or after the commencement of section 5 of the Freedom of Information (Amendment) Act 1993 as if references in that subsection to the commencement of this Part were references to the day on which that agency became an agency. S. 7(4AA) inserted by No. 58/1993 s. 17(4). (4AA) The information to be published in accordance with this section by an agency that is a council must be published— (a) by including it in the annual report of the council under the Local Government Act 1989; or (b) separately, as soon as practicable after the commencement of section 17 of the Freedom of Information (Amendment) Act 1993 and at intervals of not less than 12 months. (5) Subject to subsection (6) of this section, section 15 shall not be read so as to require the responsible Minister of an agency to include in a statement of the categories of documents prepared under subsection (1)(a)(ii) information relating to
of, the deliberative processes involved in the functions of an agency or Minister or of the government; and (b) would be contrary to the public interest. S. 30(1A) inserted by No. 58/1993 s. 20. (1A) Subsection (1) applies in relation to a council as if for "Minister" there were substituted "member of the council". (2) In the case of a document of the kind referred to in section 8(1), the matter referred to in subsection (1)(a) of this section does not include matter that is provided for the use or guidance of, or is used or may be used for, the purpose of making decisions or recommendations, or enforcing enactments or schemes, referred to in section 8(1). (3) This section does not apply to a document by reason only of purely factual material contained in the document. (4) This section does not apply to the record of a final decision, order or ruling given in the exercise of an adjudicative function, and any reason which explains that decision, order or ruling. (5) Where a decision is made under Part III that an applicant is not entitled to access to a document by reason of the application of this section, the notice under section 27 shall state the public interest considerations on which the decision is based. (6) Subsection (1) shall cease to apply to a document brought into existence after the day of commencement of this section when a period of ten years has elapsed since the last day of the year in which the document came into existence. 31 Law enforcement documents
(6) If the Health Services Commissioner has attempted unsuccessfully to conciliate a matter on an application under this Division, he or she must give notice in writing to— (a) the applicant; and (b) the principal officer of the agency or the Minister responsible for the agency to whom the request was made; and (c) the Freedom of Information Commissioner. Pt 6 Div. 3 (Heading) inserted by No. 6/2012 s. 14. Division 3—Review by the Tribunal S. 50 (Heading) inserted by No. 6/2012 s. 15(1). 50 Applications for review by the Tribunal S. 50(1) repealed by No. 10155 s. 67(1)(e)(i), new s. 50(1) inserted by No. 6/2012 s. 15(2). (1) Subject to this section, an applicant may apply to the Tribunal for review of— (a) a decision of the principal officer of an agency or a Minister refusing to grant access to a document in accordance with a request; (b) a decision of the Freedom of Information Commissioner refusing to grant access to a document in accordance with a request; (c) a decision of the Freedom of Information Commissioner deferring the provision of access to a document; (d) a decision of an agency refusing to grant access to a document in accordance with a request, if the Freedom of Information Commissioner has made a determination
the staff of the Tribunal in the course of the performance of his duties as a member of that staff, and to ensure the return of the document to the defendant at the conclusion of the proceedings. S. 56(3) amended by Nos 10155 s. 67(1)(l)(i) (iii)–(v), 52/1998 s. 311(Sch. 1 item 32.6(b) (i)(ii)), substituted by No. 18/2005 s. 18(Sch. 1 item 45). (3) The Tribunal may make any orders as it thinks fit having regard to the nature of the proceedings, including where the applicant is represented by an Australian lawyer (within the meaning of the Legal Profession Act 2004), an order that the contents of a document produced to the Tribunal that is claimed to be an exempt document be disclosed to that practitioner. S. 56(4) amended by No. 10155 s. 67(1)(l)(i), repealed by No. 10155 s. 67(1)(l)(vi), new s. 56(4) inserted by No. 18/2005 s. 18(Sch. 1 item 45). (4) In making an order under subsection (3), the Tribunal must be guided by the principle that the contents of a document should not normally be disclosed except in accordance with an order of the Tribunal under section 51(2) of the Victorian Civil and Administrative Tribunal Act 1998. S. 56(5) amended by Nos 10155 s. 67(1)(l)(i), 7/2003 s. 44(5), 6/2012 s. 12(4). (5) Where an application under section 50(1) or (3D) relates to a document or part thereof in relation to which disclosure has been refused on the grounds specified in section 28, section 29A, or section 31, the Tribunal may, if it regards it as appropriate to do so, announce its findings in terms which neither confirm nor deny the existence of the document in question. S. 56(6) repealed by No. 52/1998 s. 311(Sch. 1 item 32.5). * * * * *