Freedom of Information Act 1982 (Vic)

Version No. 113

Freedom of Information Act 1982

No. 9859 of 1982

Version incorporating amendments as at

10 February 2025

TABLE OF PROVISIONS

Section  Page

Part I—Preliminary

1Short title and commencement

3Object of Act

4Act binds the Crown

5Definitions

6Act not to apply to courts etc.

6AAAct not to apply to access to certain documents of Office of Victorian Information Commissioner

6ARelationship with other laws

Part IA—Office of the Victorian Information Commissioner

6BEstablishment of the Office of the Victorian Information Commissioner

6CAppointment of the Information Commissioner

6DAppointment of Public Access Deputy Commissioner

6ETerms and conditions of appointment of Information Commissioner

6FTerms and conditions of appointment of Public Access Deputy Commissioner

6GFunctions of the Information Commissioner

6HFunctions of the Public Access Deputy Commissioner

6IFreedom of information functions

6JPerformance of concurrent functions

6KGeneral powers of Information Commissioner and Public Access Deputy Commissioner

6LRemuneration

6MVacancy and resignation of Information Commissioner or Public Access Deputy Commissioner

6NSuspension of Information Commissioner and removal from office

6OSuspension of Public Access Deputy Commissioner and removal from office

6PActing Information Commissioner and Public Access Deputy Commissioner

6QStaff

6RDelegation

6SDirections

6TValidity of acts and decisions

Part IB—Professional standards

6UDevelopment of professional standards

6VPublication of professional standards

6WCompliance with professional standards

6XReview and amendment of professional standards

6YMinisterial professional standards

6ZCompliance with Ministerial professional standards

Part II—Publication of certain documents and information

7Publication of information concerning functions etc. of agencies

8Certain documents to be available for inspection and purchase

9Unpublished documents not to prejudice public

10Cabinet register

11Statement of certain documents in possession of agencies to be published

12Notices to require specification of documents in statements

Part III—Access to documents

13Right of access

14Part not to apply to certain documents

15Documents in the Public Record Office

16Access to documents apart from Act

17Requests for access

18Transfer of requests

19Requests involving use of computers etc.

20Access to documents to be given on request

21Time within which formal requests to be decided

22Charges for access to documents

23Forms of access

24Deferment of access

24ARepeated requests

25Deletion of exempt matter or irrelevant material

25ARequests may be refused in certain cases

26Decision to be made by authorized person

27Reasons etc. to be given

Part IV—Exempt documents

27AInterpretation

28Cabinet documents

29Documents containing matter communicated by any other State

29ADocuments affecting national security, defence or international relations

29BDocuments of Court Services Victoria

30Internal working documents

31Law enforcement documents

31ADocuments relating to IBAC

32Documents affecting legal proceedings

33Document affecting personal privacy

33ANotice requirement where person is a child—document affecting personal privacy or information communicated in confidence

34Documents relating to trade secrets etc.

35Documents containing material obtained in confidence

36Disclosure contrary to public interest

37Certain documents arising out of companies and securities legislation

38Documents to which secrecy provisions of enactments apply

Part V—Amendment of personal records

39Person may request amendment of record

40Form of request for amendment of record

41Agency or Minister may amend record

42Notation on record

43Time within which agency or Minister must notify claimant

44When section 26 to apply

45When section 27 to apply

46Where request refused

47Notice to be added to the record

48Notice may be given to persons who received the information prior to commencement of section

49How corrections or amendments are made

Part VI—Review of decisions

Division 1—Review by Information Commissioner

49AApplications to Information Commissioner for review

49BTime for applying for review

49CForm of application

49DNotice and copies of application for review

49EParties to review

49FReview of decision

49GInformation Commissioner may determine not to accept application or may dismiss review

49HProcedure on review

49IAgency or Minister must assist Information Commissioner

49JEffect of delay by Information Commissioner in relation to requests

49KPreliminary inquiries

49KAPower to require a further search for documents

49KBInformation Commissioner may issue notice to produce or attend

49LReferral back to agency or Minister for reconsideration

49MReconsideration at agency's or Minister's own initiative

49MAProcedure after reconsideration under section 49L or 49M

49NInformal resolution of review

49OReferral of matter to a relevant authority

49OAReview of decisions under section 25A(5)

49PDecision on review

Division 2—Conciliation by Health Complaints Commissioner

49QConciliation by Health Complaints Commissioner

Division 3—Review by the Tribunal

50Applications for review by the Tribunal

51Information Commissioner may be called on to assist Tribunal

52Time for applying for review

53Reviews where decisions delayed

53AAProcedure where Tribunal determines that there do not exist reasonable grounds for claim under section 29A

53ANotification of reviews regarding documents affecting personal privacy

54Parties

55Onus

56Inspection of exempt documents by Tribunal

59Tribunal may reduce or waive charges

61Disciplinary action

Part VIA—Complaints

61AComplaints

61BInformation Commissioner may accept or decline to deal with complaint

61CReferral of complaint to another body

61DNotice of decision to investigate complaint

61EAgency or Minister to co-operate with Information Commissioner

61FComplaint must be dealt with in private

61GPreliminary inquiries and consultation

61GAPower to require a further search for documents

61GBInformal resolution

61HConciliation of complaint

61IProcedure for dealing with complaint if conciliation fails

61LOutcome of complaint

61MComplaints notified or referred by other bodies

Part VIB—Investigations

Division 1—Investigations

61OInformation Commissioner may conduct investigation

61PConduct of investigation

Division 2—Reporting of investigation

61QInvestigation report

61RContent of investigation report

61SLegal advice and representation—investigation report

61TTabling of report in Parliament

Division 3—Investigations of public interest complaints

61TAInformation Commissioner must investigate public interest complaints

61TBInformation Commissioner must refuse to investigate certain public interest complaints

61TCInformation Commissioner may refuse to investigate certain public interest complaints

61TDNotification of refusal to conduct investigation on public interest complaint

61TENotification of corrupt conduct

61TFProcedure on completion of investigation of public interest complaint

61TGPerson who made public interest disclosure to be informed of result of investigation

61THInformation Commissioner must not disclose certain information

61TIDisclosure of information by Information Commissioner

61TJConfidentiality notice

61TKExtension of confidentiality notice

61TLInformation Commissioner to provide Integrity Oversight Victoria with copies

61TMDisclosure subject to confidentiality notice

Part VIC—Coercive powers

61UNotice to produce or attend

61VVariation or revocation of a notice to produce or attend

61WService of notice to produce or notice to attend

61XFailure to comply with notice to produce or attend

61YReasonable excuse—self incrimination

61ZReasonable excuse—documents affecting national security, defence or international relations

61ZAReasonable excuse—cabinet documents and legal professional privilege

61ZBProduction under notice of document claimed to be exempt under section 28, 31 or 31A

61ZCStatutory secrecy not a reasonable excuse

61ZDOffice of the Information Commissioner to report to Integrity Oversight Victoria on issue of notice to produce or attend

61ZEPower to take evidence on oath or affirmation

61ZFLegal advice and representation

61ZGProtection of legal practitioners and persons—notice to produce or attend

61ZHAudio or video recording of examination

61ZIAct applies equally to attendance in person or by audio or audio visual link

Part VII—Miscellaneous

Division 1—Protections in relation to legal action

62Protection against actions for defamation or breach of confidence

63Protection in respect of offences

63AInformation Commissioner and certain other persons not compellable to produce documents in legal proceedings

63BProtection of person making complaint

63BAApplication to Supreme Court

Division 2—Production of documents to Information Commissioner

63CApplication of Division

63DSpecial requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A

63EUse of documents claimed to be exempt

Division 2A—Offences

63FOffence to obstruct, mislead or provide false information

63GProsecutions

Division 3—Reporting

64Reporting by Information Commissioner

64AReports to Integrity and Oversight Committee

64BDuty of agency or Minister to comply with requirements of Information Commissioner

65ABReport to Parliament by Minister

Division 4—Regulations

66Regulations

Division 5—Transitional and saving provisions

67Retrospective operation of law

68Transitional

69Transitional provisions—Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012

70Transitional provisions—Freedom of Information and Victorian Inspectorate Acts Amendment Act 2014

71Transitional provision—Inquiries Act 2014

72Transitional provisions—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017

Schedule 1—Transitional provisions—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 113

Freedom of Information Act 1982

No. 9859 of 1982

Version incorporating amendments as at

10 February 2025

An Act to give the Members of the Public Rights of Access to Official Documents of the Government of Victoria and of its Agencies and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

PART I—PRELIMINARY

1Short title and commencement

(1)This Act shall be cited as the Freedom of Information Act 1982.

(2)Except for Part II, this Act shall come into operation on a day six months from the day on which it receives the Royal Assent.

(3)Part II shall come into operation on a day twelve months from the date of commencement provided for in subsection (2).

*                *                *                *                *

3Object of Act

(1)The object of this Act is to extend as far as possible the right of the community to access to information in the possession of the Government of Victoria and other bodies constituted under the law of Victoria for certain public purposes by—

(a)making available to the public information about the operations of agencies and, in particular, ensuring that rules and practices affecting members of the public in their dealings with agencies are readily available to persons affected by those rules and practices; and

(b)creating a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies.

(2)It is the intention of the Parliament that the provisions of this Act shall be interpreted so as to further the object set out in subsection (1) and that any discretions conferred by this Act shall be exercised as far as possible so as to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information.

4Act binds the Crown

This Act binds the Crown not only in right of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

5Definitions

(1)In this Act, except insofar as the context or subject-matter otherwise indicates or requires—

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;

assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

*                *                *                *                *

authorised Hub entity has the meaning given in the Family Violence Protection Act 2008;

authorised legal representative of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;

Board of Inquiry has the same meaning as in the Inquiries Act 2014;

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;

child means a person under the age of 18 years;

*                *                *                *                *

confidentiality notice means a notice issued by the Information Commissioner under section 61TJ(1);

council has the same meaning as in section 3(1) of the Local Government Act 2020;

Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2014;

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;

destroy, in relation to a document provided to the Information Commissioner, or by the Information Commissioner to a person, by secure electronic means, means—

(a)to permanently delete the electronic communication from—

(i)all information systems on which the Information Commissioner held or stored that received document; and

(ii)all information systems on which the person who was provided with the document from the Information Commissioner held or stored that document; and

(b)to destroy any hard copy of the document;

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

(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;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

Note

A registered relationship is defined in subsection (5).

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

enactment means an Act or an instrument (including rules, regulations, local laws or by-laws) made under an Act;

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;

family violence has the meaning given in the Family Violence Protection Act 2008;

Formal Review has the same meaning as in the Inquiries Act 2014;

*                *                *                *                *

health information has the same meaning as in the Health Records Act 2001;

Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016;

*                *                *                *                *

IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based
Anti-corruption Commission Act 2011;

Information Commissioner means the Information Commissioner appointed under section 6C;

*                *                *                *                *

information system has the same meaning as in the Electronic Transactions (Victoria) Act 2000;

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

investigation means an investigation under Part VIB;

legal practitioner means an Australian legal practitioner;

member of staff, of the Office of the Victorian Information Commissioner, means a person employed or engaged under section 6Q;

Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth and the Minister of each State and Territory, each of whom is principally responsible for companies and securities;

Ministerial professional standards means professional standards adopted under section 6Y(1);

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;

Office of the Victorian Information Commissioner means the Office of the Victorian Information Commissioner established under section 6B;

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 interpretation, a Minister shall be deemed to be in possession of a document that has passed from his possession if he is entitled to access to the document and the document is not a document of an agency;

Ombudsman means the Ombudsman appointed under the Ombudsman Act 1973;

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;

(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;

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

(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 of the authority at which he is present;

professional standards means standards published under section 6V(1), but does not include Ministerial professional standards;

Public Access Deputy Commissioner means the Public Access Deputy Commissioner appointed under section 6D;

public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

record means a document containing information relating to the personal affairs of a person and includes a document containing information relating to the personal affairs of a deceased person;

request means a request made in accordance with section 17;

responsible Minister means—

(a)in relation to a department—the Minister administering the relevant department;

(b)in relation to a prescribed authority referred to in paragraph (a) of the interpretation of "prescribed authority"—the Minister administering the Act by which, or in accordance with the provisions of which, the prescribed authority is established;

(c)in relation to a prescribed authority referred to in paragraph (c) of that interpretation—the Minister administering the Act by which the office is established; or

(d)in relation to any other prescribed authority—the Minister declared by the regulations to be the responsible Minister in respect of that authority—or another Minister acting for and on behalf of that Minister;

restricted matter means—

(a)any evidence or information given to, or obtained by, the Information Commissioner;

(b)the contents of any document produced to, or obtained by, the Information Commissioner;

(c)the existence of, or any information about, a confidentiality notice or a requirement under section 61U(1)(a) to attend an examination before the Information Commissioner;

(d)the subject matter of an investigation by the Information Commissioner;

(e)any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Information Commissioner, to be identified or located;

(f)the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Information Commissioner;

(g)the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

(h)the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

(i)the fact that the Information Commissioner intends to conduct an investigation on a public interest disclosure;

Royal Commission means—

(a)a Royal Commission established under the Inquiries Act 2014; or

(b)a Royal Commission established under the prerogative of the Crown;

spouse of a person means a person to whom the person is married;

Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

*                *                *                *                *

(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, Victoria Police shall be deemed to be a prescribed authority.

(5)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as it has in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

6Act not to apply to courts etc.

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 capacity as members of that staff, shall not be taken to be part of a department.

6AAAct 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.

6ARelationship with other laws

(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.

(2)Nothing in this section limits or affects section 15 or 16.

Note

Section 10A of the Public Records Act 1973 provides that nothing in that Act prevents a person from giving access to records otherwise than in accordance with that Act where the person can properly do so or is required by law to do so. See also sections 6 and 14 of the Privacy and Data Protection Act 2014 and sections 7 and 16 of the Health Records Act 2001.

PART IA—OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER

6BEstablishment of the Office of the Victorian Information Commissioner

(1)There is to be an Office of the Victorian Information Commissioner.

(2)The Office of the Victorian Information Commissioner consists of—

(a)the Information Commissioner; and

(b)the Public Access Deputy Commissioner; and

(c)the Privacy and Data Protection Deputy Commissioner appointed under section 8H of the Privacy and Data Protection Act 2014; and

(d)the staff employed and other persons engaged under section 6Q.

(3)Except where expressly provided in this Act or the Privacy and Data Protection Act 2014—

(a)the Information Commissioner is not subject to the direction or control of the Minister in respect of the performance of the Information Commissioner's duties and functions and the exercise of the Information Commissioner's powers; and

(b)the Public Access Deputy Commissioner is not subject to the direction or control of the Minister in respect of the performance of the Deputy Commissioner's duties and functions and the exercise of the Deputy Commissioner's powers.

6CAppointment of the Information Commissioner

(1)The Governor in Council, on the recommendation of the Minister, may appoint an eligible person as the Information Commissioner.

(2)The following persons are not eligible to be appointed as the Information Commissioner—

(a)a person who is a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory;

(b)a person who is a member of a council.

(3)A person may hold office as Information Commissioner for not more than 2 terms (whether consecutive terms or otherwise).

6DAppointment of Public Access Deputy Commissioner

(1)The Governor in Council may appoint an eligible person as the Public Access Deputy Commissioner.

(2)A person is not eligible for appointment as the Public Access Deputy Commissioner if the person is—

(a)a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or

(b)a member of a council.

(3)A person may hold office as Public Access Deputy Commissioner for not more than 2 terms (whether consecutive terms or otherwise).

6ETerms and conditions of appointment of Information Commissioner

(1)The appointment of the Information Commissioner is to be for the period, not exceeding 5 years, set out in the instrument of appointment.

(2)Subject to this Part, the Information Commissioner holds office on the terms and conditions determined by the Governor in Council.

(3)Subject to section 6C(3), the Information Commissioner may be reappointed.

(4)The Information Commissioner is entitled to leave of absence as determined by the Governor in Council.

(5)The Information Commissioner must not directly or indirectly engage in paid employment outside the duties of the office of Information Commissioner.

(6)The Public Administration Act 2004 does not apply to the Information Commissioner in respect of the Office of the Victorian Information Commissioner except as provided for in section 16 of that Act.

6FTerms and conditions of appointment of Public Access Deputy Commissioner

(1)The appointment of the Public Access Deputy Commissioner is to be for the period, not exceeding 5 years, set out in the instrument of appointment.

(2)Subject to this Part, the Public Access Deputy Commissioner holds office on the terms and conditions determined by the Governor in Council.

(3)Subject to section 6D(3), the Public Access Deputy Commissioner may be reappointed.

(4)The Public Access Deputy Commissioner is entitled to leave of absence as determined by the Governor in Council.

(5)The Public Access Deputy Commissioner must not directly or indirectly engage in paid employment outside the duties of the office of Public Access Deputy Commissioner.

6GFunctions of the Information Commissioner

(1)The Information Commissioner has the following functions—

(a)the functions set out in section 6I;

(b)any other functions conferred on the Information Commissioner by or under this Act;

(c)the functions conferred on the Information Commissioner by or under the Privacy and Data Protection Act 2014 or any other Act.

(2)The Information Commissioner must perform functions and exercise powers under this or any other Act with as little formality and technicality as possible.

6HFunctions of the Public Access Deputy Commissioner

(1)The Public Access Deputy Commissioner has the functions set out in section 6I(2) and any function conferred on the Information Commissioner under this Act other than—

(a)a function conferred on the Information Commissioner by or under the Privacy and Data Protection Act 2014 or any other Act; or

(b)a function of the Information Commissioner referred to in section 6I(1); or

(c)a function of the Information Commissioner referred to in section 6R; or

(d)issuing directions under section 6S; or

(e)a function of the Information Commissioner referred to in section 63G.

(2)The Public Access Deputy Commissioner must perform functions and exercise powers under this or any other Act with as little formality and technicality as possible.

6IFreedom of information functions

(1)The Information Commissioner has the following functions—

(a)to employ staff and engage contractors under section 6Q;

(b)to develop and review professional standards in accordance with Part IB;

(c)to make reports in accordance with Division 3 of Part VII;

(d)to provide advice, at the request of the Minister, about the operation and administration of this Act;

(e)to conduct investigations under Part VIB;

(f)investigate public interest complaints that relate to conduct relevant to the functions of the Information Commissioner.

(2)The Information Commissioner and the Public Access Deputy Commissioner each have the following functions—

(a)to promote understanding and acceptance by agencies and the public of this Act and the object of this Act;

(b)to provide advice, education and guidance to agencies and the public in relation to compliance with the professional standards;

(c)to monitor compliance with professional standards;

(d)in accordance with Division 1 of Part VI, to conduct reviews of decisions by agencies and Ministers on requests;

(e)in accordance with Part VIA, to receive and handle complaints;

(f)to provide advice, education and guidance to agencies and the public in relation to the Information Commissioner's functions.

6JPerformance of concurrent functions

If a function may be performed by the Information Commissioner and the Public Access Deputy Commissioner, that function may be performed by—

(a)the Information Commissioner; or

(b)the Public Access Deputy Commissioner; or

(c)the Information Commissioner and the Public Access Deputy Commissioner.

6KGeneral powers of Information Commissioner and Public Access Deputy Commissioner

(1)The Information Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Information Commissioner's functions.

(2)The Public Access Deputy Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Deputy Commissioner's functions.

6LRemuneration

(1)The Information Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.

(2)The Public Access Deputy Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.

6MVacancy and resignation of Information Commissioner or Public Access Deputy Commissioner

(1)The Information Commissioner ceases to hold office if the Information Commissioner—

(a)resigns by notice in writing delivered to the Minister; 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

(e)nominates for election as a member of a council; or

(f)is removed from office under section 6N.

(2)The Public Access Deputy Commissioner ceases to hold office if the Deputy Commissioner—

(a)resigns by notice in writing delivered to the Minister; 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

(e)nominates for election as a member of a council; or

(f)is removed from office under section 6O.

(3)A resignation under subsection (1)(a) or (2)(a) takes effect on—

(a)the day on which it is received by the Minister; or

(b)if a later day is specified in the notice, on that day.

6NSuspension of Information Commissioner and removal from office

(1)The Governor in Council, on the advice of the Minister, may suspend the Information Commissioner from office on any ground on which the Governor in Council is satisfied that the Commissioner is unfit to hold office.

(2)The Minister must cause a full statement of the grounds of suspension to be presented to each House of Parliament within 7 sitting days of that House after the suspension.

(3)The Information Commissioner must be removed from office by the Governor in Council if each House of Parliament, within 20 sitting days after the day on which the statement is presented to it, declares by resolution that the Commissioner ought to be removed from office.

(4)The Governor in Council must remove the suspension and restore the Information Commissioner to office unless each House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.

(5)If the Information Commissioner is suspended from office under subsection (1), the Information Commissioner is taken not to be the Information Commissioner during the period of suspension.

6OSuspension of Public Access Deputy Commissioner and removal from office

(1)The Governor in Council, on the recommendation of the Minister, may suspend or remove the Public Access Deputy 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 Public Access Deputy Commissioner should not hold office.

(2)If the Public Access Deputy Commissioner is removed from office, the Minister must cause a full statement of the grounds for removal to be presented to each House of Parliament within 10 sitting days of that House after the removal.

6PActing Information Commissioner and Public Access Deputy Commissioner

(1)The Governor in Council, on the recommendation of the Minister, may appoint an eligible person to act as the Information Commissioner—

(a)during a vacancy in the office of the Information Commissioner; or

(b)during any period, or all periods, when the Information Commissioner is absent from duty or from the State or, for another reason, cannot perform the functions of the office.

(2)The Governor in Council, on the recommendation of the Minister, may appoint an eligible person to act as the Public Access Deputy Commissioner—

(a)during a vacancy in the office of the Public Access Deputy Commissioner; or

(b)during any period, or all periods, when the Public Access Deputy Commissioner is absent from duty or from the State or, for another reason, cannot perform the functions of the office.

(3)A person is not eligible for appointment to act as the Information Commissioner or the Public Access Deputy Commissioner if the person is—

(a)a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or

(b)a member of a council.

(4)An appointment under subsection (1) or (2) is for the period, not exceeding 12 months, set out in the instrument of appointment.

(5)The Governor in Council, on the recommendation of the Minister, may at any time remove the acting Information Commissioner or the acting Public Access Deputy Commissioner from office.

(6)While a person is acting in the office of the Information Commissioner or the Public Access Deputy Commissioner, the person—

(a)has, and may exercise, all the powers and must perform all the duties of that office under this Act and any other Act; and

(b)is entitled to be paid the remuneration and allowances that the Information Commissioner or Public Access Deputy Commissioner would have been entitled to for performing those duties.

6QStaff

The Information Commissioner may—

(a)employ under Part 3 of the Public Administration Act 2004 any employees that are necessary for the purposes of the Information Commissioner's functions under this Act or the Privacy and Data Protection Act 2014; and

(b)engage any contractor, agent or other person to assist the Information Commissioner in the performance of the Information Commissioner's functions under this Act or the Privacy and Data Protection Act 2014.

6RDelegation

(1)The Information Commissioner may by instrument delegate to the Public Access Deputy Commissioner or any member of staff any of the Information Commissioner's functions and powers under this Act except—

(a)the power to employ staff and engage contractors or other persons under section 6Q; or

(b)the power to make a fresh decision under section 49P on a review under Part VI; or

(c)the power to make recommendations under section 61L in relation to a complaint under Part VIA; or

(d)the power to prepare a report under Part VII; or

(e)this power of delegation.

(2)The Information Commissioner may by instrument delegate only to the Public Access Deputy Commissioner the power to undertake an investigation.

(3)The Information Commissioner may by instrument delegate to the Public Access Deputy Commissioner or any member of staff a function or power conferred on the Information Commissioner by or under any other Act except—

(a)a function or power conferred on the Information Commissioner by or under the Privacy and Data Protection
Act 2014; or

(b)a function or power relating to information privacy, protective data security or law enforcement data security conferred on the Information Commissioner by or under any other Act.

(4)With the written consent of the Information Commissioner, the Public Access Deputy Commissioner may by instrument delegate to any member of staff any of the Deputy Commissioner's functions and powers (including any power delegated to the Deputy Commissioner under subsection (1)) except—

(a)the power to make a fresh decision under section 49P on a review under Part VI; or

(b)the power to make recommendations under section 61L in relation to a complaint under Part VIA; or

(c)this power of delegation.

6SDirections

The Information Commissioner may issue directions to the Public Access Deputy Commissioner or to any member of staff in relation to the performance of functions under this Act other than in relation to the following—

(a)the review of a decision under section 49P;

(b)the consideration of a complaint under section 61L.

6TValidity of acts and decisions

An act or decision of the Information Commissioner, Public Access Deputy Commissioner or acting Information Commissioner or acting Public Access Deputy Commissioner is not invalid only because—

(a)of a defect or irregularity in or in connection with the appointment of the Information Commissioner, Public Access Deputy Commissioner or acting Information Commissioner or acting Public Access Deputy Commissioner; or

(b)in the case of an acting Information Commissioner or acting Public Access Deputy Commissioner, that the occasion for so acting had not arisen or had ceased.

PART IB—PROFESSIONAL STANDARDS

6UDevelopment of professional standards

(1)The Information Commissioner may develop professional standards relating to—

(a)the conduct of agencies in performing functions under this Act; and

(b)the administration of this Act in relation to agencies and the operation of this Act by agencies.

(2)The professional standards may include standards for the processing of requests under this Act, including standards for—

(a)assistance for applicants in making requests; and

(b)identification of relevant documents; and

(c)consultation; and

(d)clear communication with applicants; and

(e)timely decision-making, including extending time for making decisions on requests.

(3)The professional standards must not be inconsistent with this Act.

(4)Before publishing professional standards under section 6V the Information Commissioner must—

(a)publish the draft professional standards on the Internet site of the Office of the Victorian Information Commissioner; and

(b)notify, in writing, principal officers of agencies and any other relevant person that—

(i)the draft professional standards have been published; and

(ii)submissions may be made to the Information Commissioner on or before the date specified in the notice.

(5)The date specified in a notice under subsection (4)(b) must be at least 28 days after the day on which the draft professional standards are published.

(6)The Information Commissioner must take into account all reasonable submissions made under this section relating to the draft professional standards before publishing them under section 6V.

6VPublication of professional standards

(1)As soon as practicable after finalising draft professional standards in accordance with section 6U, the Information Commissioner must cause the professional standards to be published—

(a)in the Government Gazette; and

(b)on the Internet site of the Office of the Victorian Information Commissioner.

(2)Professional standards have effect on and after the later of the following—

(a)the date specified in the professional standards; or

(b)the date that is 20 business days after the day on which the professional standards are published in the Government Gazette.

(3)The Information Commissioner must cause a copy of the professional standards published under subsection (1) to be laid before each House of Parliament not more than 6 sitting days after the day on which the standards are published in the Government Gazette.

6WCompliance with professional standards

(1)Subject to subsection (3), the principal officer of an agency and any officer or employee of the agency concerned in the operation of this Act must comply with professional standards in performing the officer's or employee's functions under this Act.

(2)Subject to subsection (3), the principal officer of an agency must ensure that any officer or employee of the agency concerned in the operation of this Act complies with any professional standards in performing the officer's or employee's functions under this Act.

(3)Professional standards do not apply to a principal officer, officer or employee of an agency in making decisions in respect of requests made to a Minister, except as provided under section 6Y.

(4)A principal officer must ensure that all officers and employees of the agency are informed about the requirements of the professional standards.

6XReview and amendment of professional standards

(1)The Information Commissioner must review professional standards at least once in every 4‑year period.

(2)The Information Commissioner may at any time amend professional standards.

(3)The requirements of sections 6U and 6V apply to any amendment of professional standards, other than typographical or similar amendments.

6YMinisterial professional standards

(1)The Premier, by notice published in the Government Gazette, may adopt professional standards (either wholly or with modifications) to be applied to Ministers.

(2)If the Premier adopts professional standards under subsection (1)—

(a)the professional standards as adopted have effect on and after the date stated in the notice; and

(b)the Premier must cause the professional standards as adopted to be published on the Internet site of the Department of Premier and Cabinet at least 20 business days before the date stated in the notice.

(3)The Premier must review Ministerial professional standards whenever the Information Commissioner reviews or amends professional standards under section 6X.

(4)The Premier may at any time amend Ministerial professional standards.

(5)The requirements of subsections (1) and (2) apply to any amendment of Ministerial professional standards, other than typographical or similar amendments.

6ZCompliance with Ministerial professional standards

(1)A Minister must comply with Ministerial professional standards in performing the Minister's functions under this Act.

(2)A person (including an officer of an agency) authorised to make decisions in respect of requests made to a Minister must comply with Ministerial professional standards in relation to that request.

PART II—PUBLICATION OF CERTAIN DOCUMENTS AND INFORMATION

7Publication of information concerning functions etc. of agencies

(1)The responsible Minister of an agency, other than a council, shall—

(a)cause to be published as soon as practicable after the commencement of this Part in a form approved by the Minister administering this Act—

(i)a statement setting out particulars of the organization and functions of the agency, indicating, as far as practicable, the decision-making powers and other powers affecting members of the public that are involved in those functions and particulars of any arrangement that exists for consultation with, or representation by, bodies and persons outside the government administration in relation to the formulation of policy in, or the administration of, the agency;

(ii)a statement of the categories of documents that are maintained in the possession of the agency;

(iii)a statement of the material that has been prepared by the agency under this 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

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(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 each succeeding year, cause to be published statements bringing up to date the information contained in the previous statements.

(1A)Subsection (1) applies to an agency that is a council as if the reference to the responsible Minister of an agency were a reference to the council.

(2)The approved forms under subsection (1) shall be appropriate for the purposes of assisting members of the public to exercise effectively their rights under this Act.

(3)Nothing in this section requires the publication of information that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.

(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.

(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.

(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 2020; 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 any document in the custody of the Public Record Office of Victoria.

(6)The statement of the categories of documents that are maintained in the possession of the Public Record Office of Victoria prepared under subsection (1)(a)(ii) by the Minister administering the Public Records Act 1973 shall include a statement of the categories of all documents that are maintained in the custody of the Public Record Office of Victoria, including those documents to which section 15 applies.

(7)The prescribed form of publication of the statement of the categories of documents prepared under subsection (1)(a)(ii) may be such as to allow for categories of documents that are maintained in common by more than one agency to be listed in a single statement prepared under subsection (1)(a)(ii) by the Minister administering the Public Records Act 1973.

(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).

8Certain 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—

(i)cause copies of all documents to which this section applies in respect of the agency to be made available for inspection and for purchase by members of the public; and

(ii)cause to be published in the prescribed form a statement (which may take the form of an index) specifying the documents that are, at the time of preparation of the statement, so available and the place or places where copies may be inspected and may be purchased; and

(b)within twelve months after the publication of the first statement under paragraph (a) and thereafter at intervals of twelve months, cause to be published in a prescribed form statements bringing up to date the information contained in the previous statement or statements.

(3)This section does not require a document of the kind referred to in subsection (1) containing exempt matter to be made available in accordance with subsection (2), but, if such a document is not so made available, the principal officer of the agency shall, if practicable, cause to be prepared a corresponding document, altered only to the extent necessary to exclude the exempt matter, and cause the document so prepared to be dealt with in accordance with subsection (2).

(4)A document from which exempt matter has been excluded in accordance with subsection (3) shall indicate, to the extent practicable without exempt matter being disclosed, the nature of the matter excluded.

(5)Notwithstanding the opinion of the principal officer that a document of the kind referred to in subsection (1) is an exempt document, if the fact of the existence of that document can be published in accordance with subsection (2)(a)(ii) without exempt matter being disclosed, the principal officer of the agency shall cause that fact to be published.

(6)An agency that comes into existence after the commencement of this Part shall comply—

(a)with the provisions of subsection (2)(a) as soon as practicable after the day on which the agency comes into existence and not later than twelve months after that day; and

(b)with the provisions of subsection (2)(b) as if the reference to "first publication" in that paragraph were a reference to first publication in compliance with this subsection.

9Unpublished documents not to prejudice public

Where under section 8 any agency is required to make available a document containing rule, policy, guideline or practice relating to a function of the agency and the agency fails—

(a)to make the document available; or

(b)to include the document in a statement required to be published under section 8—

before the time at which the person did or omitted to do any act or thing relevant to the performance of that function in relation to him (whether or not the time allowed for publication of a statement in respect of the document had expired) that person shall not be subject to any detriment by reason only of the application of that rule, policy, guideline or practice, where with knowledge of that rule, policy, guideline or practice he could have avoided the detriment lawfully.

10Cabinet register

(1)The Premier shall cause to be published on a continuing basis a register containing—

(a)details of the terms of all decisions made by the Cabinet after the date of commencement of this Act;

(b)the reference number assigned to each such decision; and

(c)the date on which the decision was made.

(2)The information referred to in subsection (1) shall be entered on the register at the discretion of the Premier.

11Statement of certain documents in possession of agencies to be published

(1)This section applies, in respect of an agency other than a council, to any document that is—

(a)a report, or a statement containing the advice or recommendations, of a prescribed body or organization established within the agency;

(b)a report, or a statement containing the advice or recommendations, of a body or organization established outside the agency by or under an Act, or by the Governor in Council or a Minister, for the purpose of submitting a report or reports, providing advice or making recommendations to the agency or to the responsible Minister of that agency;

(c)a report, or a statement containing the advice or recommendations, of an inter-departmental committee whose membership includes an officer of the agency;

(d)a report, or a statement containing the advice or recommendations, of a committee established within the agency to submit a report, provide advice or make recommendations to the responsible Minister of that agency or to another officer of the agency who is not a member of the committee;

(e)a report (including a report concerning the results of studies, surveys or tests) prepared for the agency by a scientific or technical expert, whether employed within the agency or not, including a report expressing the opinion of such an expert on scientific or technical matters;

(f)a report prepared for the agency by a consultant who was paid for preparing the report;

(g)a report prepared within the agency and containing the results of studies, surveys or tests carried out for the purpose of assessing, or making recommendations on, the feasibility of establishing a new or proposed government policy, programme or project;

(h)a report on the performance or efficiency of the agency, or of an office, division or branch of the agency, whether the report is of a general nature or concerns a particular policy, programme or project administered by the agency;

(i)a report containing final plans or proposals for the re-organisation of the functions of the agency, the establishment of a new policy, programme or project to be administered by the agency, or the alteration of an existing policy, programme or project administered by the agency, whether or not the plans or proposals are subject to approval by an officer of the agency, another agency, the responsible Minister of the agency or the Cabinet;

(j)a statement prepared within the agency and containing instructions submitted to the Parliamentary Counsel for the drafting of a Bill;

(k)a submission prepared within the agency (other than by the responsible Minister of the agency) for presentation to the Cabinet;

(l)a report of a test carried out within the agency on a product for the purpose of government equipment purchasing;

(m)an environmental impact statement prepared within the agency; and

(n)a valuation report prepared for the agency by a valuer, whether or not the valuer is an officer of the agency.

(2)The principal officer of an agency shall—

(a)cause to be published in the prescribed form as soon as practicable after the commencement of this Part a statement (which may take the form of an index) specifying the documents to which this section applies which have been created since the date of commencement of Part I of this Act and are in the possession of the agency;

(b)within twelve months after first publication of the statement required under paragraph (a) and thereafter at intervals of twelve months, cause to be published in a prescribed form statements bringing up to date the information contained in the previous statement or statements.

(3)This section does not require a document of the kind referred to in subsection (1) containing exempt matter to be referred to in a statement published in accordance with subsection (2)(a), if the fact of the existence of the document cannot be referred to in the statement without exempt matter being disclosed.

(4)An agency that comes into existence after the commencement of this Part shall comply—

(a)with the provisions of subsection (2)(a) as soon as practicable after the day on which the agency comes into existence and not later than twelve months after that day; and

(b)with the provisions of subsection (2)(b) as if the reference to "first publication" in that paragraph were a reference to first publication in compliance with this subsection.

12Notices to require specification of documents in statements

(1)A person may serve upon the principal officer of an agency, other than a council a notice in writing stating that, in the opinion of the person, a statement published by the principal officer under sections 8(2)(a) or (b) or 11(2)(a) or (b) does not specify a document as described in section 8(1) or 11(1) that was required to be specified in the statement.

(2)The principal officer shall—

(a)make a decision within 21 days of receiving a notice as to whether to specify in the next statement to be published under section 8(2)(b) or section 11(2)(b), as the case may be, the document referred to in the notice; and

(b)cause the person to be given notice in writing of his decision.

(3)Where the decision is adverse to the person's claim, 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; and

(b)inform the person of—

(i)the person's right to apply to the Tribunal for review of the decision; and

(ii)the time within which the application for review must be made.

PART III—ACCESS TO DOCUMENTS

13Right of access

Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to—

(a)a document of an agency, other than an exempt document; or

(b)an official document of a Minister, other than an exempt document.

14Part not to apply to certain documents

(1)A person is not entitled to obtain access under this Part to—

(a)a document which contains information that is open to public access as part of a public register or is published on an Internet site that is owned or maintained by an agency or otherwise, whether or not that access is free of charge or subject to a fee or other charge; or

(b)a document which contains information that is available for purchase by the public in accordance with arrangements made by an agency; or

(c)a document that is available for public inspection in the Public Record Office of Victoria; or

(d)a document which is stored for preservation or safe custody in the Public Record Office of Victoria being a document which is a duplicate of a document of an agency.

(2)A document, other than a document of an agency, that has been placed in the custody of the State Library of Victoria or the Public Record Office of Victoria by a person (including a Minister or former Minister) shall be available to the public in accordance with this Act, subject to any restrictions or conditions imposed by the person at the time the document was placed in the custody of the State Library or the Public Record Office, as the case may be.

(3)Subsection (2) shall apply to a document, other than a document of an agency, which was placed in the custody of the State Library of Victoria or the Public Record Office of Victoria before the date of commencement of this section as if that document had been so placed in the custody of the institution concerned after the date of commencement of this section.

15Documents in the Public Record Office

(1)For the purpose of this Act, a document, other than a document of the kind referred to in section 14(1)(c), that has been placed in the custody of the Public Record Office of Victoria by an agency shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related.

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(3)Section 9, section 10, section 10AA and sections 23(a) and 23(c) of the Public Records Act 1973 shall not be read so as to prevent a person from obtaining access to a document in the custody of the Public Record Office of Victoria to which that person may obtain access in accordance with this Act.

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(5)Subsection (1) shall apply to a document which was placed in the custody of the Public Record Office of Victoria before the date of commencement of this section as if the document had been so placed after the date of commencement of this section.

(6)For the purposes of this Act, a document that has been placed by an agency (including the Public Record Office) in a place of deposit appointed in accordance with section 14 of the Public Records Act 1973 shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related if that agency concerned is entitled to access to the document.

(7)Subsection (6) shall apply to a document which was placed in a place of deposit before the commencement of this section as if the document had been so placed after the date of commencement of this section.

16Access to documents apart from Act

(1)Ministers and agencies shall administer this Act with a view to making the maximum amount of government information promptly and inexpensively available to the public.

(2)Nothing in this Act is intended to prevent or discourage Ministers and agencies from publishing or giving access to documents (including exempt documents), otherwise than as required by this Act, where they can properly do so or are required by law to do so.

17Requests for access

(1)A person who wishes to obtain access to a document of an agency or an official document of a Minister shall make a request in writing to the agency or Minister as the case requires for access to the document.

(2)A request shall provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, as the case may be, to identify the document.

(2A)A request must be accompanied by a fee of 2 fee units.

(2B)An application fee may be waived or reduced, whether or not the fee has been paid, if the payment of the fee would cause hardship to the applicant.

(3)It is the duty of an agency or Minister, as the case may be, to assist a person who wishes to make a request, or has made a request that does not comply with this section or has not been directed to the appropriate agency or Minister, to make a request in a manner that complies with this section or to direct a request to the appropriate agency or Minister.

(4)Where a request in writing is made to an agency or Minister for access to a document, the agency or Minister, as the case may be, shall not refuse to comply with the request on the ground that the request does not comply with subsection (2), without first giving the applicant a reasonable opportunity of consultation with the agency with a view to the making of a request in a form that does comply with that subsection.

18Transfer of requests

(1)A request for access to a document may be made to any agency which has a copy of the document.

(2)Where—

(a)a request is made to an agency for access to a document; and

(b)(i) the document is not in the possession of that agency but is in the possession of another agency; or

(ii)the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made—

the agency to which the request is made may promptly transfer the request to the other agency and inform the person making the request accordingly and, if it is necessary to do so in order to enable the other agency to deal with the request, send the document to the other agency.

(3)Where a request is transferred to an agency in accordance with this section, it shall be deemed to be a request made to that agency and received at the time at which the transfer was made or fourteen days after the date of the original request, whichever is the shorter period.

(4)Where a request is made to the Public Record Office of Victoria for access to a document of a kind referred to in section 15(1), the Public Record Office may promptly transfer the request to the agency deemed, by virtue of that subsection, to be the agency in possession of the document.

(5)In this section where appropriate agency includes a Minister.

19Requests involving use of computers etc.

(1)Where—

(a)a request is duly made to an agency;

(b)it appears from the request that the desire of the applicant is for information that is not available in discrete form in documents of the agency; and

(c)the agency could produce a written document containing the information in discrete form by—

(i)the use of a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or

(ii)the making of a transcript from a sound recording held in the agency—

the agency shall deal with the request as if it were a request for access to a written document so produced and containing that information and, for that purpose, this Act applies as if the agency had such a document in its possession.

(2)In this section where appropriate agency includes a Minister.

20Access to documents to be given on request

(1)Subject to this Act, where—

(a)a request is duly made by a person to an agency or Minister for access to a document of the agency or an official document of the Minister; and

(b)any charge that, under the regulations, is required to be paid before access is granted has been paid—

the person shall be given access to the document in accordance with this Act.

(2)An agency or Minister is not required by this Act to give access to a document at a time when the document is an exempt document.

21Time within which formal requests to be decided

(1)An agency or Minister must take all reasonable steps to enable an applicant to be notified of a decision on a request as soon as practicable but not later than—

(a)30 days after the day on which the request is received by or on behalf of the agency or Minister; or

(b)if that period is extended or further extended, the day after that period as extended ends.

(2)An agency or Minister may extend the period for deciding a request referred to in subsection (1)(a)—

(a)if consultation is required under section 29, 29A, 31, 31A, 33, 34 or 35, by a period of not more than 15 days; or

(b)in any case, by a period of not more than 30 days, as agreed by the applicant.

(3)An agency or Minister may further extend a period for deciding a request in accordance with subsection (2)(b) any number of times.

(4)An agency or Minister must notify the applicant in writing if the period for deciding a request is extended or further extended under this section.

(5)The period for deciding a formal request cannot be extended or further extended under this section if that period has expired.

22Charges for access to documents

(1)Any charge (not being an application fee) that is, in accordance with the regulations, required to be paid by an applicant before access to a document is given, shall be calculated by an agency in accordance with the following principles or, where those principles require, shall be waived—

(a)a charge shall only cover the time that would be spent by the agency in conducting a routine search for the document to which access is requested, and shall not cover additional time, if any, spent by the agency in searching for a document that was lost or misplaced;

(b)the charge in relation to time made under paragraph (a) shall be fixed on an hourly rate basis;

(c)a charge may be made for the identifiable cost incurred in supervising the inspection by the applicant of the material to which access is granted;

(d)a charge may be made for the reasonable costs incurred by an agency in supplying copies of documents, in making arrangements for viewing documents, in providing a written transcript of the words recorded or contained in documents, or in providing a written document in accordance with section 19;

(2)A report under subsection (1)(b) must—

(a)set out a summary of the cases and the reasons for the determination of the Supreme Court or the Tribunal in each case; and

(b)be made as soon as practicable after every 4 successful applications in the 12 month period.

(3)A report is not required to set out a summary of a case if a summary of that case has been included in an earlier report under subsection (1)(b).

64BDuty of agency or Minister to comply with requirements of Information Commissioner

An agency, principal officer or Minister must give the Information Commissioner any information referred to in section 64(2) in relation to the agency, principal officer or Minister.

*                *                *                *                *

*                *                *                *                *

65ABReport to Parliament by Minister

(1)This section applies if an agency or a Minister who was a party to a proceeding before the Tribunal under this Act seeks leave under section 148 of the Victorian Civil and Administrative Tribunal Act 1998 to appeal on a question of law from an order of the Tribunal in the proceeding.

(2)The Minister who is seeking leave to appeal or the responsible Minister in respect of the agency seeking leave to appeal must cause a brief statement of the reason or reasons for seeking leave to appeal—

(a)to be published in the Government Gazette within 10 days after the day on which the summons for leave to appeal is filed with the court; and

(b)to be laid before each House of Parliament on or before the 7th sitting day of that House after the day on which the summons for leave to appeal is filed with the court.

(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.

Division 4—Regulations

66Regulations

(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—

(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

*                *                *                *                *

(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.

Division 5—Transitional and saving provisions

67Retrospective operation of law

(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.

(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.

(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.

68Transitional

(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

(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—

(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—

(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.

(5)If—

(a)an application had been made to the Tribunal for a review of a decision referred to in section 50(2) before 1 January 2000; and

(b)the application had not been finally determined by the Tribunal before 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.

(6)If—

(a)an application had been made to the Tribunal under section 27D as in force before 1 January 2000; and

(b)the application under section 27D had not been finally determined before 1 January 2000—

the Tribunal must refer the application under section 27D back to the agency or Minister for consideration.

(7)An agency or Minister to whom an application is referred under subsection (6) must deal with that application in accordance with this Act as amended by the Freedom of Information (Miscellaneous Amendments) Act 1999 as if—

(a)the application were a request under Part III; and

(b)the request had been made on the day that the application was received from the Tribunal.

(8)If a request was made by a person before 1 January 2000 for access to a document to which Part IIIA applied and access to the document from which personal information had been deleted was granted under section 27C(2), a fee is not payable for a further request by that person on or after 1 January 2000 under this Act for access to the personal information deleted from that document.

(9)If a request was made by a person before 1 January 2000 for access to a document to which Part IIIA applied and access to the document was refused under section 27C, a fee is not payable for a further request by that person on or after 1 January 2000 under this Act for access to that document.

69Transitional provisions—Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012

(1)Despite the substitution of section 51 and the repeal of section 51A of this Act by sections 16 and 17 of the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, this Act as in force before the commencement of sections 16 and 17 continues to apply to—

(a)an application for internal review that was received but not determined by the agency before that commencement; and

(b)the making of an application for internal review after that commencement in relation to a decision made before that commencement where the period for making an application for that internal review had not expired before that commencement.

(2)A person is not entitled to apply to the Freedom of Information Commissioner under this Act for review of a decision to which subsection (1) applies.

(3)A person is not entitled to make a complaint to the Freedom of Information Commissioner under this Act if, before the commencement of section 24 of the 2012 Act, the person had made a complaint to the Ombudsman in relation to the matter.

(4)A person may apply to the Freedom of Information Commissioner under Division 1 of Part VI for review of a decision of an agency made after the commencement of section 13 of the 2012 Act in relation to a request made before that commencement other than a decision made pursuant to subsection (1).

(5)Without limiting any other requirement to give notice under this Act, the relevant agency must in the notice of decision inform a person to whom subsection (4) applies of the right to apply to the Freedom of Information Commissioner for review of that decision referred to in that subsection.

(6)In this section 2012 Act means the Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012.

70Transitional provisions—Freedom of Information and Victorian Inspectorate Acts Amendment Act 2014

(1)If an application has been made for review under Division 1 of Part VI before the commencement day but the Freedom of Information Commissioner has not determined not to accept the application or completed the review before that day, the Freedom of Information Commissioner may, on or after that day, refer the application to an Assistant Commissioner under section 49EA(1)(a).

(2)If a complaint has been made under Part VIA before the commencement day but the Freedom of Information Commissioner has not determined not to accept the complaint, dismissed the complaint or made recommendations in relation to the complaint before that day, the Freedom of Information Commissioner may, on or after that day, refer the complaint to an Assistant Commissioner under section 61AB(1)(a).

(3)Sections 49L and 49M as substituted by section 14 of the amending Act, and section 49MA as inserted by that section, apply in relation to an application for review under Division 1 of Part VI that is made on or after the commencement day and sections 49L and 49M as in force immediately before the commencement day continue to apply in relation to an application for review made before that day.

(4)In this section—

amending Act means the Freedom of Information and Victorian Inspectorate Acts Amendment Act 2014;

commencement day means the day after the day on which the amending Act receives the Royal Assent.

71Transitional provision—Inquiries Act 2014

Section 15(2), as in force immediately before its repeal, continues to apply to records of a Royal Commission that were in the custody of the Public Record Office immediately before the commencement of item 18.2 of Schedule 2 to the Inquiries Act 2014.

72Transitional provisions—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017

Schedule 1 has effect.

*                *                *                *                *

SCHEDULE 1—TRANSITIONAL PROVISIONS—FREEDOM OF INFORMATION AMENDMENT (OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER) ACT 2017

1Definitions

In this Schedule—

commencement day means the day on which Part 2 of the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017 comes into operation.

2Office of Freedom of Information Commissioner abolished

On the commencement day—

(a)the office of the Freedom of Information Commissioner is abolished and the person holding that office and any person acting in that office go out of office; and

(b)all rights, property and assets that, immediately before that day, were vested in the office of the Freedom of Information Commissioner are, by force of this clause, vested in the Office of the Victorian Information Commissioner; and

(c)all debts, liabilities and obligations of the office of the Freedom of Information Commissioner existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the Office of the Victorian Information Commissioner; and

(d)the Information Commissioner is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the Freedom of Information Commissioner was a party immediately before that day; and

(e)the Information Commissioner is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the Freedom of Information Commissioner as a party and in force immediately before that day.

3References to Freedom of Information Commissioner and Assistant Commissioner

On the commencement day any reference to the Freedom of Information Commissioner or Assistant Commissioner in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document (by whatever name called or however described) must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject matter, be construed as a reference to the Information Commissioner.

4Staff

On the commencement day, any staff employed under Part 3 of the Public AdministrationAct 2004 immediately before the commencement day by the Freedom of Information Commissioner are taken to be employed by the Information Commissioner under section 6Q of this Act.

5Requests under section 17

This Act as in force immediately before the commencement day continues to apply in relation to a request made under section 17 but not determined before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.

6Requests under Part V

This Act as in force immediately before the commencement day continues to apply in relation to a request made under section 39 but not determined before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.

7Review by Freedom of Information Commissioner

This Act as in force immediately before the commencement day continues to apply in relation to an application for review made under Division 1 of Part VI but not determined before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.

8Review by Tribunal

Section 50(5) as in force before the commencement day continues to apply to a certificate issued under section 28(4) before the commencement day.

9Complaints

This Act as in force immediately before the commencement day continues to apply in relation to any complaint that was made under Part VIA but in respect of which a determination had not been made under section 61B or 61C before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.

10Accepted complaints

This Act as in force immediately before the commencement day continues to apply in relation to any complaint that was made under Part VIA and accepted under section 61B before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.

11Protections in relation to legal action

(1)Section 62 and 63 as in force immediately before the commencement day—

(a)continue to apply in relation to the provision of access to a document before the commencement day; and

(b)apply in relation to the provision of access to a document on or after the commencement day under any other provision of this Act continued by this Schedule.

(2)Section 63A as in force immediately before the commencement day—

(a)continues to apply in relation to anything done before the commencement day; and

(b)applies in relation to the performance on or after the commencement day of functions under Parts VI and VIA as continued by this Schedule as if for subsection (1)(a) to (c) there were substituted—

(a)the Information Commissioner;

(b)a member of staff of the Office of the Victorian Information Commissioner;

(c)a contractor, agent or other person acting for or on behalf of the Information Commissioner.

(3)Section 63B as in force immediately before the commencement day continues to apply in relation to anything done before the commencement day.

12Production of documents

Division 2 of Part VII as in force immediately before the commencement day applies to any review conducted or any dealing with a complaint on or after the commencement day under any other provision of this Act that is continued by this Schedule as if—

(a)any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner; and

(b)any reference to a person referred to in section 6J were a reference to a person referred to in section 6Q.

13Lodgement of complaints

A person cannot lodge a complaint under this Act as in force on and after the commencement day if the person had already lodged a complaint in respect of the same matter under this Act before the commencement day.

14Annual reports for reporting periods which end before commencement day

(1)This clause applies if—

(a)a reporting period has ended before the commencement day; and

(b)the Freedom of Information Commissioner has not prepared an annual report referred to in section 64 for that reporting period before that day.

(2)The Information Commissioner must prepare an annual report for the reporting period in accordance with section 64.

(3)The annual report may be prepared as a composite report with the report prepared under clause 12 of Schedule 3 to the Privacy and Data Protection Act 2014.

(4)In this clause—

reporting period means the period commencing on 1 July in any year and ending on 30 June in the following year.

15Annual reports for reporting periods which end on or after the commencement day

(1)This clause applies if a reporting period ends on or after the commencement day.

(2)On and after the commencement day, the Information Commissioner must prepare a report in accordance with section 64 for the part of the reporting period occurring before the commencement day and include that report in the Information Commissioner's first report under that section after the end of the reporting period.

(3)In this clause—

reporting period means the period commencing on 1 July in any year and ending on 30 June in the following year.

16Report to Accountability and Oversight Committee

(1)This clause applies if the Freedom of Information Commissioner has not prepared a report referred to in section 64A before the commencement day.

(2)On and after the commencement day, the Information Commissioner must prepare the report in accordance with section 64A as in force before the commencement day.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Freedom of Information Act 1982 was assented to on 5 January 1983 and came into operation as follows:

All of Act (except Part 2) on 5 July 1983: section 1(2); Part 2 on 5 July 1984: section 1(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Freedom of Information Act 1982 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Freedom of Information Act 1982, No. 9859/1982

Assent Date:	5.1.83
Commencement Date:	S. 73(4) inserted on 26.4.21 by No. 11/2021 s. 149: s. 2(2)
Note:	S. 73(4) repealed s. 73 on 26.4.23
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Public Service (Amendment) Act 1984, No. 10046/1984

Assent Date:	1.5.84
Commencement Date:	S. 32 on 20.6.84: Government Gazette 13.6.84 p. 1886
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Adoption Act 1984, No. 10150/1984

Assent Date:	13.11.84
Commencement Date:	S. 3(1)(Sch.) on 16.11.87: Government Gazette 28.10.87 p. 2880
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Administrative Appeals Tribunal Act 1984, No. 10155/1984

Assent Date:	20.11.84
Commencement Date:	S. 67 on 1.3.85: Government Gazette 30.1.85 p. 191
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Infertility (Medical Procedures) Act 1984, No. 10163/1984 (as amended by No. 86/1987)

Assent Date:	20.11.84
Commencement Date:	S. 34 on 1.7.88: Government Gazette 4.5.88 p. 1123
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Health (Amendment) Act 1985, No. 10262/1985

Assent Date:	10.12.85
Commencement Date:	S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 items 46.1, 46.2) on 1.11.89: Government Gazette 1.11.89 p. 2798
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Freedom of Information (Amendment) Act 1990, No. 84/1990

Assent Date:	11.12.90
Commencement Date:	11.12.90: s. 2
CurrentState:	All of Act in operation

Freedom of Information (Amendment) Act 1993, No. 58/1993 (as amended by No. 7/1993)

Assent Date:	8.6.93
Commencement Date:	Ss 1–6, 8–15 on 8.6.93: s. 2(1); s. 7 on 1.7.93: s. 2(2); ss 16–25 on 1.1.94: s. 2(3)
CurrentState:	All of Act in operation

Public Sector Management (Amendment) Act 1993, No. 97/1993

Assent Date:	16.11.93
Commencement Date:	S. 44 on 16.11.93: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Medical Practice Act 1994, No. 23/1994

Assent Date:	17.5.94
Commencement Date:	S. 118(Sch. 1 items 22.1, 22.2) on 1.7.94: Government Gazette 23.6.94 p. 1672
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 item 34) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 2/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 32) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Public Sector Reform (Further Amendments) Act 1999, No. 12/1999

Assent Date:	11.5.99
Commencement Date:	S. 4(Sch. 2 item 5) on 11.5.99: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Freedom of Information (Amendment) Act 1999, No. 38/1999

Assent Date:	8.6.99
Commencement Date:	1.7.99: s. 2
CurrentState:	All of Act in operation

Freedom of Information (Miscellaneous Amendments) Act 1999, No. 57/1999

Assent Date:	21.12.99
Commencement Date:	Ss 4–10 on 1.1.2000: s. 2
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 53) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Health Records Act 2001, No. 2/2001

Assent Date:	10.4.01
Commencement Date:	Ss 101, 102 on 1.7.02: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 50) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Terrorism (Community Protection) Act 2003, No. 7/2003

Assent Date:	15.4.03
Commencement Date:	Ss 42–44 on 16.4.03: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 9) on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 84) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 45) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 22) on 1.7.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 12) on 7.6.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Terrorism (Community Protection) (Further Amendment) Act 2006, No. 30/2006

Assent Date:	6.6.06
Commencement Date:	Ss 19–23 on 7.6.06: s. 2
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Assisted Reproductive Treatment Act 2008, No. 76/2008

Assent Date:	11.12.08
Commencement Date:	S. 155 on 1.1.10: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 26) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 25) on 1.7.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012 (as amended by No. 82/2012)

Assent Date:	6.3.12
Commencement Date:	Ss 4, 6, 8, 33 on 7.11.12: Special Gazette (No. 373) 7.11.12 p. 1; ss 5, 7, 9–32, 34, 35 on 1.12.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 20) on 28.6.12: s. 2(1)
CurrentState:	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
CurrentState:	This information relates only to the provision/s amending the Freedom of Information Act 1982

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

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

Assent Date:	21.10.14
Commencement Date:	S. 29 on 1.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	Ss 171–176 on 1.2.17: s. 2(2)
CurrentState:	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[2]

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

Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018

Assent Date:	10.4.18
Commencement Date:	Ss 33–37, 44, 45 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019

Assent Date:	5.3.19
Commencement Date:	Ss 195, 198–201 on 6.3.19: s. 2(1); ss 108–110 on 31.12.19: Special Gazette (No. 537) 17.12.19 p. 1; ss 142–144 on 1.1.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 44.1) on 6.4.20; s. 390(Sch. 1 item 44.3) on 1.5.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 44.2) on 24.10.20: s. 2(3)(f)
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	Ss 140–149 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Regulatory Legislation Amendment (Reform) Act 2022, No. 13/2022

Assent Date:	29.3.22
Commencement Date:	S. 67 on 30.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	Ss 37–50 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 14) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Freedom of Information Act 1982

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3   Explanatory details

[1] S. 51(2): The amendment proposed by section 43(3)(b) of the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017 (repealed) is not included in this publication as the words "office of the Freedom of Information Commissioner" do not appear in section 51.

Section 43(3)(b) read as follows:

43Information Commissioner may be called on to assist Tribunal

(3)In section 51 of the Principal Act—

(b)for "office of the Freedom of Information Commissioner" substitute "Office of the Victorian Information Commissioner".

[2] Table of Amendments (Family Violence Protection Amendment (Information Sharing) Act 2017): The amendment proposed by section 30 of the Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017 (repealed) is not included in this publication because section 49P(3A) was not part of this Act when section 30 of the amending Act came into operation.

Section 30 read as follows:

30Decision on review

In section 49P(3A) of the Freedom of Information Act 1982, for "Freedom of Information Commissioner" substitute "Information Commissioner".