5 Definitions (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 of Assistant inserted by No. 59/2014 s. 3, repealed by No. 20/2017 s. 4(d). * * * * * S. 5(1) def. of Board of Inquiry inserted by No. 67/2014 s. 147(Sch. 2 item 18.1(a)). Board of Inquiry has the same meaning as in the Inquiries Act 2014; 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 child inserted by No. 20/2017 s. 4(a). child means a person under the age of 18 years; 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 Ministerial professional standards inserted by No. 20/2017 s. 4(a). Ministerial professional standards means professional standards adopted under section 6Y(1); S. 5(1) def. of notice to produce or attend inserted by No. 20/2017 s. 4(a). notice to produce or attend means a notice to produce or attend issued under section 49KB, 61I(4) or 61P(2), and includes a notice as varied under section 61V; S. 5(1) def. of Office of the Victorian Information inserted by No. 20/2017 s. 4(a). Office of the Victorian Information Commissioner means the Office of the Victorian Information Commissioner established under section 6B; S. 5(1) def. of officer amended by Nos 58/1993 s. 16(c)(i)–(iii), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 84(b)). officer— (a) in relation to an agency, other than a council, includes a member of the agency, a member of the staff of the agency, and any person employed by or for the agency, whether that person is one to whom the provisions of the Public Administration Act 2004 apply or not; and (b) in relation to a council, includes a member of the council, a member of the staff of the council and any person employed by or for the council; official document of a Minister or official document of the Minister means a document in the possession of a Minister, or in the possession of the Minister concerned, as the case requires, that relates to the affairs of an agency, and, for the purposes of this
S. 6AA inserted by No. 6/2012 s. 5, amended by No. 59/2014 s. 4, substituted by No. 20/2017 s. 5. 6AA Act not to apply to access to certain documents of Office of Victorian Information Commissioner This Act does not apply to access to a document that is in the possession of— (a) the Information Commissioner or the Public Access Deputy Commissioner; or (b) a member of staff of the Office of the Victorian Information Commissioner; or (c) a contractor, agent or other person acting for or on behalf of the Information Commissioner or the Public Access Deputy Commissioner— to the extent that the document is the subject of, or discloses information that relates to— (d) a review under Part VI; or (e) a complaint to the Information Commissioner under Part VIA; or (f) an investigation. S. 6A inserted by No. 30/2006 s. 20. 6A Relationship with other laws S. 6A(1) amended by No. 60/2014 s. 140(Sch. 3 item 20.1). (1) This Act does not affect the operation of any other Act or law (including, but not limited to, the Public Records Act 1973, the Privacy and Data Protection Act 2014 and the Health Records Act 2001)— (a) that requires information concerning documents of an agency or official documents of a Minister to be made available to the public; or (b) that enables a person to obtain access to a document of an agency or an official document of a Minister.
Part for publication or for inspection by members of the public, and the places at which a person may inspect or obtain that material; (iv) a statement listing the literature available by way of subscription services or free mailing lists; (v) a statement of the procedure to be followed by a person when a request for access to a document is made to the agency; (vi) a statement designating by name the officer or officers responsible within each agency for the initial receipt of, and action upon, requests for access to a document; (vii) a statement listing all boards, councils, committees and other bodies constituted by two or more persons, that are a part of, or that have been established for the purpose of advising, the agency, and whose meetings are open to the public, or the minutes of whose meetings are available for public inspection; and (viii) if the agency maintains a library or reading room that is available for public use—a statement of that fact including details of the address and hours of opening of the library or reading room; and S. 7(1)(b) substituted by No. 58/1993 s. 5(2). (b) during the year commencing on 1 January next following the publication, in respect of an agency, of the statements under paragraph (a) that are the statements first published under that paragraph, and during
(8) For the purposes of this section, "statement of the categories of documents prepared under subsection (1)(a)(ii)" includes statements prepared under subsection (1)(b). 8 Certain documents to be available for inspection and purchase (1) This section applies, in respect of an agency, to documents that are provided by the agency for the use or guidance of, or are used or may be used by, the agency or its officers— (a) in making decisions or recommendations, or in providing advice to persons outside the agency, with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to or for which persons are or may be entitled, eligible or subject, being— (i) documents containing interpretations or particulars of Acts or schemes administered by the agency, not being particulars contained in another Act; or (ii) manuals, rules of procedure, statements of policy, records of decisions, letters of advice to persons outside the agency, or similar documents containing rules, policies, guidelines, practices or precedents; and (b) in enforcing Acts or schemes administered by the agency where a member of the public might be directly affected by that enforcement, being documents containing information on the procedures to be employed or the objectives to be pursued in the enforcement of the Acts or schemes. (2) The principal officer of an agency shall— (a) as from a date as soon as practicable after the commencement of this Part—
matters arising out of, breaches or evasions of the law; (c) a document containing any general outline of the structure of any programme adopted by an agency for investigating breaches of, or enforcing or administering, the law; (d) a report on the degree of success achieved in any programme adopted by an agency for investigating breaches of, or enforcing or administering, the law; (e) a report prepared in the course of routine law enforcement inspections or investigations by an agency which has the function of enforcing and regulating compliance with a particular law other than the criminal law; (f) a report on a law enforcement investigation, where the substance of the report has been disclosed to the person who, or the body which, was the subject of the investigation— if it is in the public interest that access to the document should be granted under this Act. S. 31(3) amended by Nos 30/2006 s. 22(5), 37/2014 s. 10(Sch. item 69.3), 76/2014 s. 7. (3) Notwithstanding anything to the contrary in this section, a document is an exempt document if it is a document created by the Bureau of Criminal Intelligence or (whether before or after the commencement of section 22 of the Terrorism (Community Protection) (Further Amendment) Act 2006) by the Intelligence and Covert Support Command of Victoria Police. S. 31(4) inserted by No. 82/2014 s. 29. (4) Despite anything to the contrary in this section, a document is an exempt document if it is a document contained in the Register established and maintained under section 62 of the Sex Offenders Registration Act 2004.
S. 33(8) inserted by No. 10163 s. 34 (as amended by No. 86/1987 s. 4(6)), amended by No. 10262 s. 4, substituted by No. 38/1999 s. 4(1), amended by No. 76/2008 s. 155. (8) Nothing in this section shall be construed so as to affect the procedures for access to information kept in a register maintained under Division 1 of Part 6 of the Assisted Reproductive Treatment Act 2008. S. 33(9) inserted by No. 38/1999 s. 4(2), substituted by No. 57/1999 s. 6(2). (9) In this section— S. 33(9) def. of information relating to the personal affairs of any person amended by No. 23/2017 s. 25(3)(a). information relating to the personal affairs of any person includes information— (a) that identifies any person or discloses their address or location; or (b) from which any person's identity, address or location can reasonably be determined; S. 33(9) def. of person of concern inserted by No. 23/2017 s. 25(3)(b). person of concern has the meaning given in section 144B of the Family Violence Protection Act 2008; S. 33(9) def. of primary person inserted by No. 23/2017 s. 25(3)(b). primary person has the meaning given in section 144E of the Family Violence Protection Act 2008.
or is otherwise unreasonable in the circumstances; or (b) it is not practicable to do so. S. 35(1C) inserted by No. 20/2017 s. 19. (1C) If the agency or Minister, after consultation, decides to disclose the document, the agency or Minister must notify the person who communicated the information or matter, or on whose behalf the information or matter was communicated, of the— (a) decision to grant access to the document; and (b) right to make an application for review of the decision provided by section 50(3AB). S. 35(1D) inserted by No. 20/2017 s. 19. (1D) An agency or Minister is not required to notify a person who has consented to disclosure of a document, or a document with deletions, of the decision to disclose that document or document with deletions (as the case requires). (2) This section does not apply to information— (a) acquired by an agency or a Minister from a business, commercial or financial undertaking; and (b) that relates to trade secrets or other matters of a business, commercial or financial nature. S. 36 amended by No. 58/1993 s. 21(1)(a). 36 Disclosure contrary to public interest (1) A document is an exempt document if— S. 36(1)(a) amended by No. 58/1993 s. 21(1)(b). (a) in the case of documents of a department or prescribed authority its premature disclosure under this Act would be contrary to the public interest by reason that the disclosure
S. 49L (Heading) amended by No. 20/2017 s. 34(1). S. 49L inserted by No. 6/2012 s. 13, substituted by No. 59/2014 s. 14. 49L Referral back to agency or Minister for reconsideration S. 49L(1) amended by No. 20/2017 s. 34(2), substituted by No. 20/2017 s. 34(3). (1) This section applies if— (a) the Information Commissioner has done any of the following— (i) made preliminary inquiries under section 49K; (ii) required an agency or Minister to conduct a sampling search under section 49KA(2)(a), or a further search under section 49KA(2)(b); (iii) issued a notice to produce or attend; and (b) it appears to the Information Commissioner reasonably likely that the agency or Minister will be able to make a fresh decision in a way that is satisfactory to the applicant and in accordance with law. S. 49L(1A) inserted by No. 20/2017 s. 34(3). (1A) The Information Commissioner, with the agreement of the applicant, may refer the matter that is the subject of the application back to the agency or Minister for reconsideration in accordance with this section. S. 49L(2) amended by No. 20/2017 s. 34(2). (2) The fresh decision must be made within 28 days after the referral under subsection (1) unless the agency and the Information Commissioner agree in writing to another period.
S. 49L(3) amended by No. 20/2017 s. 34(2). (3) The required period for completing the review under section 49J is suspended from the time the Information Commissioner refers the matter back to the agency under subsection (1). S. 49L(4) amended by No. 20/2017 s. 34(2). (4) The agency must notify the Information Commissioner within 3 business days after the end of the period referred to in subsection (2) that— (a) a fresh decision has been made; or (b) a fresh decision has not been made. (5) If the agency makes a fresh decision, the agency must— (a) revoke the earlier decision; and (b) inform the applicant, when notifying them of the fresh decision, of the requirements of subsection (6) and the effect of subsection (7). S. 49L(6) amended by No. 20/2017 s. 34(2). (6) Within 28 days after being notified of the fresh decision by the agency, the applicant must advise the Information Commissioner in writing whether the applicant agrees or does not agree with the decision. S. 49L(7) amended by No. 20/2017 s. 34(2). (7) If the applicant fails to advise the Information Commissioner under subsection (6) within the period specified in that subsection, the applicant is taken to agree with the fresh decision.
document an exempt document in giving notice under this section. S. 61L(5) amended by No. 20/2017 s. 63(1)(3). (5) If the Information Commissioner intends to make a recommendation that relates to, or a comment about, an agency, principal officer, Minister, person or body, the Commissioner must give the agency, principal officer, Minister, person or body the opportunity to comment on and respond to the draft recommendation or draft comment before making the recommendation or comment. S. 61L(6) amended by No. 20/2017 s. 63(1)(3). (6) The Information Commissioner must take into account any response received by an agency, principal officer, Minister, person or body under subsection (5) in making a recommendation or any adverse comment under this section. S. 61L(7) amended by No. 20/2017 s. 63(1)(3). (7) The Information Commissioner must include in the document containing the Commissioner's recommendations and comments, in a manner that fairly, fully and accurately represents the position of the agency, principal officer, Minister, person or body, any comments received from the agency, principal officer, Minister, person or body under subsection (5). S. 61L(8) amended by No. 20/2017 s. 63(1). (8) If the 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.
(3) An agency that decides to seek leave to appeal must notify the responsible Minister of that decision as soon as practicable after it is made but not later than the day that the summons for leave to appeal is filed with the court. (4) The notice under subsection (3) must be in writing and must set out a brief statement of the reason or reasons for seeking leave to appeal. Pt 7 Div. 4 (Heading) inserted by No. 6/2012 s. 32. Division 4—Regulations 66 Regulations (1) The Governor in Council may make regulations prescribing all matters that by this Act are required or permitted to be prescribed, or are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular, making provision for or in relation to— S. 66(1)(a) amended by Nos 29/2006 s. 3(Sch. 1 item 12.2), 6/2012 s. 33(1). (a) the making of charges of amounts, or the fixing of rates, for access to documents (including the provision of copies or transcripts) in accordance with this Act; and S. 66(1)(b) repealed by No. 58/1993 s. 14, new s. 66(1)(b) inserted by No. 6/2012 s. 33(2), repealed by No. 20/2017 s. 75. * * * * * S. 66(1)(c) inserted by No. 6/2012 s. 33(2). (c) forms of access to documents, including access through an Internet site accessible to the public. (2) Where, as a result of a request, access is given to an exempt document, regulations under this Act
Assent Date: 3.5.16 Commencement Date: Ss 171–176 on 1.2.17: s. 2(2) : This information relates only to the provision/s amending the Freedom of Information Act 1982 Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017 Assent Date: 16.5.17 Commencement Date: Ss 4–77 on 1.9.17: s. 2(3) Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017 Assent Date: 14.6.17 Commencement Date: Ss 28–30 on 1.9.17: s. 2(3)‒(5); ss 23–27 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. 4 Explanatory details