(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 Formal Review inserted by No. 67/2014 s. 147(Sch. 2 item 18.1(a)). Formal Review has the same meaning as in the Inquiries Act 2014; S. 5(1) def. of Freedom of Information inserted by No. 6/2012 s. 4, repealed by No. 20/2017 s. 4(d). * * * * * 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; S. 5(1) def. of Health Complaints inserted by No. 22/2016 s. 171(b). Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;
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), 67/2014 s. 147(Sch. 2 item 18.1(b)). 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; (iii) a Royal Commission, Board of Inquiry or Formal Review; * * * * * (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;
S. 25A(8)–(10) repealed by No. 6/2012 s. 9. * * * * * 26 Decision to be made by authorized person S. 26(1) amended by No. 58/1993 s. 10(a)(b). (1) A decision in respect of a request made to an agency may be made, on behalf of the agency, by the responsible Minister or the principal officer of the agency or, by an officer of the agency acting within the scope of authority exercisable by him in accordance with arrangements approved by the responsible Minister or the principal officer of the agency. S. 26(2) amended by No. 10155 s. 67(1)(b). (2) Where a request is made to an agency for a document, and no arrangements in respect of documents of that type have been made and published under the regulations, a decision on that request shall, for the purpose of enabling an application for review to be made to the Tribunal, be deemed to have been made by the principal officer of the agency. 27 Reasons etc. to be given S. 27(1) amended by No. 84/1990 s. 3(a). (1) Where, in relation to a request for access to a document of an agency or an official document of a Minister, a decision is made under this Part that the applicant is not entitled to access to the document in accordance with the request or that provision of access to the document be deferred or that no such document exists, the agency or Minister shall cause the applicant to be given notice in writing of the decision, and the notice shall— (a) state the findings on any material questions of fact, referring to the material on which those findings were based, and the reasons for the decision;
S. 27(1)(b) amended by No. 84/1990 s. 3(b). (b) where the decision relates to an agency, state the name and designation of the person giving the decision; S. 27(1)(c) amended by No. 30/2006 s. 19(4). (c) where access is given to a document in accordance with section 25 state that the document is a copy of a document from which exempt or irrelevant matter has been deleted; (d) inform the applicant of— (i) his right to apply for a review of the decision; (ii) the authority to which the application for review should be made; and S. 27(1)(d)(iii) amended by No. 2/2001 s. 101(1)(d)(i). (iii) the time within which the application for review must be made; S. 27(1)(da) inserted by No. 2/2001 s. 101(1)(d)(ii). (da) where the decision relates to a refusal to grant access to a document containing health information on the ground referred to in section 36 of the Health Records Act 2001, inform the applicant of the time within which— (i) a written notice may be given under section 38(1) of the Health Records Act 2001 nominating a health service provider for the purposes of Division 3 of Part 5 of that Act; S. 27(1)(da)(ii) amended by No. 6/2012 s. 10(1)(a). (ii) an application for a review of the decision may be made under Division 1 of Part VI of this Act; S. 27(1)(da)(iii) amended by No. 6/2012 s. 10(1)(b). (iii) an application for conciliation may be made under Division 2 of Part VI of this Act;
(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. 31(5) inserted by No. 20/2017 s. 14. (5) In deciding whether a document is an exempt document under subsection (1), an agency or Minister, if practicable, must— (a) notify any of the following that are relevant that the agency or Minister has received a request for access to the document— (i) another agency or Minister;
(b) seek that person's view as to whether disclosure of the document should occur; and (c) state that if the person consents to disclosure of the document, or disclosure subject to deletion of information relating to the personal affairs of the person, the person is not entitled to apply to the Tribunal for review of a decision to grant access to that document. S. 33(2C) inserted by No. 20/2017 s. 16(1). (2C) Despite subsection (2B), an agency or Minister is not required to notify a person if— (a) the notification would be reasonably likely to endanger the life or physical safety of that person, or cause that person undue distress, or is otherwise unreasonable in the circumstances; or S. 33(2C)(ab) inserted by No. 23/2017 s. 28. (ab) the person to be notified is a primary person, and the notification would be reasonably likely to increase the risk to that person's safety from family violence; or (b) it is not practicable to do so. S. 33(3) amended by No. 6/2012 s. 12(1), substituted by No. 20/2017 s. 16(2). (3) If a request by a person other than a person referred to in subsection (2) is made to an agency or Minister for access to a document containing information relating to the personal affairs of any person (including a deceased person) and the agency or Minister decides to grant access to the document, the agency or Minister, if practicable, must notify the person who is the subject of that information (or that person's next of kin) 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(3).
S. 33(5) amended by Nos 10087 s. 3(1)(Sch. 1 item 91), 23/1994 s. 118(Sch. 1 item 22.2), 97/2005 s. 182(Sch. 4 item 22), 13/2010 s. 51(Sch. item 25). (5) Where but for this subsection the principal officer of an agency to which the provisions of subsection (4) may apply would not be a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student), the agency shall appoint a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) to be the principal officer of the agency for the purposes of subsection (4). (6) Nothing in this Act shall be taken to require an agency or Minister to give information as to the existence or non-existence of a document of a kind referred to in subsection (1) where information as to the existence or non-existence of that document, if included in a document of an agency, would cause the last-mentioned document to be an exempt document by virtue of this section. S. 33(7) amended by No. 10150 s. 3(1). (7) Nothing in this section shall be construed so as to affect the procedures for access to adoption records contained in the Adoption Act 1984. 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.
(e) the Commissioner is unable to contact the applicant following reasonable attempts to do so. S. 49G(2) amended by No. 20/2017 s. 28(2). (2) The Information Commissioner may dismiss a review if the applicant agrees in writing to the review being dismissed. S. 49G(3) amended by No. 20/2017 s. 28(2)(3). (3) Unless subsection (1)(e) applies, the Information Commissioner must give notice to the applicant and the agency or Minister if the Commissioner decides not to accept an application for review or to dismiss a review. (4) The notice must set out the reasons for the decision. S. 49H inserted by No. 6/2012 s. 13. 49H Procedure on review S. 49H(1) amended by No. 20/2017 s. 29(1). (1) The Information Commissioner must conduct a review in a timely, efficient and fair manner, with as little formality and technicality as possible. S. 49H(2) amended by No. 20/2017 s. 29(1). (2) The Information Commissioner must give each party to the review a reasonable opportunity to make submissions in writing in relation to the review. S. 49H(3) amended by No. 20/2017 s. 29(1). (3) Subject to this section, the Information Commissioner is bound by the rules of natural justice in conducting a review. S. 49H(4) inserted by No. 59/2014 s. 13, amended by No. 20/2017 s. 29. (4) The Information Commissioner may rely on advice and assistance provided by a member of staff of the Office of the Victorian Information Commissioner in—
(a) making preliminary inquiries in relation to a review; and (b) conducting a review; and (c) making a fresh decision under section 49P on a review. S. 49I inserted by No. 6/2012 s. 13, substituted by No. 20/2017 s. 30. 49I Agency or Minister must assist Information Commissioner The agency or Minister that made the decision that is the subject of the review must assist the Information Commissioner to undertake the review. S. 49J (Heading) amended by No. 20/2017 s. 31(1). S. 49J inserted by No. 6/2012 s. 13. 49J Effect of delay by Information Commissioner in relation to requests S. 49J(1) amended by No. 20/2017 s. 31(2). (1) This section applies if the Information Commissioner— S. 49J(1)(a) amended by No. 20/2017 s. 31(3). (a) has not, within the required period, completed the review of a decision of an agency or Minister referred to in section 49A(1)(a) or (b) or (2); and (b) has not, within the required period, made a determination under section 49G with respect to the application for review or the review.
(b) inform the applicant, when notifying them of the fresh decision, of the requirements of subsection (6) and the effect of subsection (7). S. 49M(6) amended by No. 20/2017 s. 35(3). (6) Within 28 days after being notified of the fresh decision by the agency or Minister, the applicant must advise the Information Commissioner in writing whether the applicant agrees or does not agree with the decision. S. 49M(7) amended by No. 20/2017 s. 35(3)(a). (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. S. 49M(8) amended by No. 20/2017 s. 35(3)(b). (8) An agency or Minister may make a fresh decision under this section only once during a review under this Division. S. 49M(9) inserted by No. 20/2017 s. 35(4). (9) This section applies whether or not the Information Commissioner gives a notice under section 49KA or issues a notice to produce or attend. S. 49MA inserted by No. 59/2014 s. 14. 49MA Procedure after reconsideration under section 49L or 49M S. 49MA(1) amended by No. 20/2017 s. 36(1). (1) If an applicant agrees with a fresh decision made by an agency or Minister under section 49L or 49M, the Information Commissioner must dismiss the review. S. 49MA(2) amended by No. 20/2017 s. 36(1)(a), substituted by No. 20/2017 s. 36(2). (2) Subject to subsection (4), if the applicant does not agree with the fresh decision the Information Commissioner must complete the review on the basis of the fresh decision within— (a) 30 days after the date on which the applicant advises the Commissioner under section 49L(6) or 49M(6) that the applicant does not agree with the fresh decision; or
S. 50(3H) inserted by No. 6/2012 s. 15(2), amended by No. 20/2017 s. 42(6). (3H) A person is not entitled to apply to the Tribunal for review of a decision in relation to which subsection (1), (3), (3A) or (3AB) applies if the person has made or caused to be made an application for review of the decision to the Visitor of a University unless— (a) the Visitor has declined to conduct that review; or (b) a period of 30 days has elapsed since the day on which that application for review was made. S. 50(4) amended by Nos 10155 s. 67(1)(e) (vi)(vii), 7/2003 s. 44(3), 20/2017 s. 42(7). (4) On the hearing of an application for review the Tribunal shall have, in addition to any other power, the same powers as an agency or a Minister in respect of a request, including power to decide that access should be granted to an exempt document (not being a document referred to in section 28, section 29A, section 31(3), section 31A, or in section 33) where the Tribunal is of opinion that the public interest requires that access to the document should be granted under this Act. S. 50(5) amended by Nos 10155 s. 67(1)(e)(vii), 20/2017 s. 42(8). (5) Where a certificate has been given in respect of a document under section 61ZA(2), the powers of the Tribunal do not extend to reviewing the decision to give the certificate and shall be limited to determining whether a document has been properly classified as an exempt document within the meaning of section 28. S. 50(5A) inserted by No. 7/2003 s. 44(4). (5A) Where a certificate has been given in respect of a document under section 29A(2), the powers of the Tribunal do not extend to reviewing the decision to give the certificate and shall be limited to determining the question whether there exist reasonable grounds for the claim that the document is an exempt document under section 29A.
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), 20/2017 s. 48. (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, section 31 or section 31A, 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). * * * * * S. 57 amended by Nos 10155 s. 67(1)(m), 35/1996 s. 453(Sch. 1 item 34), repealed by No. 6/2012 s. 22. * * * * * S 58 amended by No. 10155 s. 67(1)(n) (i)–(iii), repealed by No. 52/1998 s. 311(Sch. 1 item 32.7). * * * * *
S. 61B (Heading) amended by No. 20/2017 s. 52(1). S. 61B inserted by No. 6/2012 s. 24. 61B Information Commissioner may accept or decline to deal with complaint S. 61B(1) amended by No. 20/2017 s. 52(4). (1) The Information Commissioner may— (a) accept a complaint to the extent that the complaint relates to— (i) a matter referred to in section 61A(1)(a); or S. 61B(1)(a)(ia) inserted by No. 20/2017 s. 52(2). (ia) a matter referred to in section 61A(1)(ab); (ii) a matter referred to in section 61A(1)(b) to (e); or (b) determine not to accept a complaint or dismiss a complaint at any stage. S. 61B(2) amended by No. 20/2017 s. 52(4). (2) Without limiting subsection (1)(b), the Information Commissioner may determine not to accept a complaint or may dismiss a complaint on any of the following grounds— (a) the action or failure by an agency was not in the performance by the agency of its functions or obligations under this Act; S. 61B(2)(ab) inserted by No. 20/2017 s. 52(3). (ab) the action or failure by a principal officer was not in the performance by the principal officer of the principal officer's functions or obligations under Part IB or II; (b) the complainant has the right to make a complaint about the action to another body and has not exercised that right;
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: 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 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 45) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 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 Privacy and Data Protection Act 2014, No. 60/2014 Assent Date: 2.9.14 Commencement Date: S. 140(Sch. 3 item 20) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 Inquiries Act 2014, No. 67/2014 Assent Date: 23.9.14 Commencement Date: S. 147(Sch. 2 item 18) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014, No. 76/2014 Assent Date: 21.10.14 Commencement Date: Ss 6, 7 on 1.7.15: s. 2(2) Current State: This information relates only to the provision/s amending the Freedom of Information Act 1982 Sex Offenders Registration Amendment Act 2014, No. 82/2014