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 (g) any copy, reproduction or duplicate of any thing referred to in paragraphs (a) to (f); and (h) any part of a copy, reproduction or duplicate referred to in paragraph (g)— but does not include such library material as is maintained for reference purposes;
document of an agency or document of the agency means a document in the possession of an agency, or in the possession of the agency concerned, as the case requires, whether created in the agency or received in the agency; S. 5(1) def. of enactment amended by No. 12/1989 s. 4(1)(Sch. 2 item 46.1). enactment means an Act or an instrument (including rules, regulations, local laws or by-laws) made under an Act; s. 5 exempt document means— (a) a document which, by virtue of a provision of Part IV, is an exempt document; or (b) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a department; exempt matter means matter the inclusion of which in a document causes the document to be an exempt document; S. 5(1) def. of Freedom of Information inserted by No. 6/2012 s. 4. Freedom of Information Commissioner means the Freedom of Information Commissioner appointed under Part IA; S. 5(1) def. of health information inserted by No. 2/2001 s. 101(1)(a). health information has the same meaning as in the Health Records Act 2001; Commiss- ioner
(2) An unincorporated body, being a board, council, committee, sub-committee or other body established by, or in accordance with the provisions of, an Act for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority. (3) A person shall not be taken to be a prescribed authority by virtue of his holding, or performing the duties of— (a) a prescribed office; (b) an office the duties of which he performs as duties of his employment as an officer of a department or as an officer of or under a prescribed authority; (c) an office or member of a body; or (d) an office established by an enactment for the purposes of a prescribed authority. (4) For the purposes of this Act, the Police Force of Victoria shall be deemed to be a prescribed authority. 6 Act not to apply to courts etc. s. 6 For the purposes of this Act— (a) in relation to its or his judicial functions, a court or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, is not to be taken to be a prescribed authority or to be included in a department; and (b) in relation to those matters which relate to the judicial functions of the court, a registry or other office of a court, and the staff of such a registry or other office in their
S. 6F inserted by No. 6/2012 s. 6. 6F Remuneration (1) The Freedom of Information Commissioner is entitled to be paid the remuneration and allowances that are determined from time to time by the Governor in Council. (2) The remuneration of the Freedom of Information 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. 6G Vacancy and resignation The Freedom of Information Commissioner ceases to hold office if he or she— (a) resigns by notice in writing delivered to the Governor; or (b) becomes an insolvent under administration; or (c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or s. 6F (e) nominates for election as a member of a council; or (f) is removed from office under section 6H. S. 6H inserted by No. 6/2012 s. 6. 6H Suspension and removal from office (1) The Governor in Council may suspend the Freedom of Information Commissioner from office on any ground on which the Governor in Council is satisfied that the Commissioner is unfit to hold office.
S. 22(2) amended by No. 58/1993 s. 7(3). (2) Subject to subsections (3), (4) and (5), payment of a charge shall not be required before the time at which the agency has notified the applicant of the decision to grant access to a document. (3) If in the opinion of an agency a charge may exceed $25 or such greater amount as is prescribed by regulation the agency shall notify the applicant of its opinion and inquire whether the applicant wishes to proceed with the request. S. 22(4) amended by No. 58/1993 s. 7(4). (4) In a notice given to an applicant under subsection (3), an agency must inform the applicant that the applicant will be required to pay a deposit of a prescribed amount or at a prescribed rate on account of the charge. (5) Where an agency has required an applicant to pay a deposit on account of a charge, the applicant's request shall, for the purposes of section 21 be deemed to have been received by the agency on the day on which the applicant has paid the deposit. (6) Where an agency has required an applicant to pay a deposit on account of a charge, the agency shall, if requested to do so by the applicant, discuss with the applicant practicable alternatives for altering the request or reducing the anticipated charge, including reduction of the charge if the applicant shall waive, either conditionally or unconditionally, the need for compliance by the agency with the time limits specified in section 21. s. 22 (7) A notice under subsection (3) from an agency to an applicant shall— (a) state the name and designation of the person who calculated the charge; and (b) inform the applicant of—
(4) If the Health Services Commissioner has attempted unsuccessfully to conciliate a request, he or she must give notice in writing to the applicant and the principal officer of the agency or the Minister to whom the request was made. S. 52 amended by Nos 10155 s. 67(1)(g), 52/1998 s. 311(Sch. 1 item 32.2), 2/2001 s. 101(1)(h). 52 Time for applying for review An application to the Tribunal under section 50(2) shall be made within 60 days from the day on which notice in writing of a decision on request or a review under section 51 or notice under section 51A(4) is furnished to the applicant. 53 Reviews where decisions delayed S. 53(1) amended by No. 10155 s. 67(1)(h)(i)(ii). (1) Subject to this section, where— (a) a request has been made to an agency or Minister; (b) the time period provided in section 21 or section 43 as the case may be has elapsed; and (c) notice of a decision on the request has not been received by the applicant— the principal officer of the agency or the Minister shall, for the purpose of enabling an application to be made to the Tribunal under section 50, be deemed to have made, on the last day of the relevant time period, a decision refusing to grant access to the document. S. 53(2) amended by No. 10155 s. 67(1)(h)(i). (2) Where a complaint is made to the Ombudsman under the Ombudsman Act 1973 concerning failure to make and notify to the applicant a decision on a request (whether the complaint was made before or after the expiration of the period referred to in subsection (1)), an application to the Tribunal under section 50 of this Act by virtue of this section shall not be made before the Ombudsman has informed the applicant of the
(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. 66 Regulations s. 66 (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). (b) the prescribing of professional standards for the purposes of this Act; and 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 relating to charges apply as if the access had been given in accordance with this Act. 67 Retrospective operation of law s. 67 (1) An applicant for access to records about himself, within the meaning of section 33, shall be entitled to receive access subject to this Act to any such record notwithstanding that the record came into existence at any time prior to the date of commencement of this section.
(2) An applicant for access to a document other than those referred to in subsection (1) shall be entitled to receive access, subject to this Act, to any such document provided that it came into existence not more than five years prior to the date of commencement of this section. S. 67(3) substituted by No. 97/1993 s. 44(c). (3) A Minister shall in his or her report under section 64 include advice regarding the practicability of extending the period of retrospective access provided under subsection (2) of this section. S. 67(4) inserted by No. 58/1993 s. 25. (4) Subsections (1) and (2) apply in relation to access to a document of an agency that is a council as if a reference to the date of commencement of this section were a reference to the date of commencement of section 25 of the Freedom of Information (Amendment) Act 1993. S. 68 inserted by No. 57/1999 s. 10. 68 Transitional (1) If— (a) a request for access to a document was made to an agency or a Minister under Part III as in force before 1 January 2000; and s. 68 (b) the time period provided in section 21 for notification of a decision on the request had not elapsed before 1 January 2000; and (c) notice of a decision on the request had not been received by the applicant before 1 January 2000— the request must be dealt with by the agency or Minister in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999. (2) If—