Untitled document
Freedom of Information Further Amendment Regulations 2012
S.R. No. 131/2012
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Principal Regulations
5Objectives of Principal Regulations amended
6Prescribed authorities
7New regulations 7 to 9 inserted
7Prescribed persons or bodies—relevant authority
8Prescribed agencies—production of documents
9Prescribed persons or bodies—referral for
investigation
8Heading to the Schedule amended
9New Schedules 2 and 3 inserted
SCHEDULE 2—PRESCRIBED PERSONS AND BODIES
SCHEDULE 3—PRESCRIBED AGENCIES—SECTIONS 61J
AND 61K
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ENDNOTES
STATUTORY RULES 2012
S.R. No. 131/2012
Freedom of Information Act 1982
Freedom of Information Further Amendment Regulations 2012
The Governor in Council makes the following Regulations:
Dated: 27 November 2012
Responsible Minister:
ANDREW MCINTOSH
Minister responsible for the establishment of an anti-corruption commissionMATTHEW McBEATH
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are to amend the Freedom of Information Regulations 2009—
(a)to prescribe the persons or bodies to which the Freedom of Information Commissioner may refer matters; and
(b)to prescribe agencies that may be subject to the Freedom of Information Commissioner's power to compel the production of documents.
2Authorising provision
These Regulations are made under section 66 of the Freedom of Information Act 1982.
3Commencement
These Regulations come into operation on 1 December 2012.
4Principal Regulations
In these Regulations, the Freedom of Information Regulations 2009[1] are called the Principal Regulations.
5Objectives of Principal Regulations amended
In regulation 1 of the Principal Regulations—
(a)in paragraph (b) for "Act." substitute "Act;";
(b)after paragraph (b) insert—
"(c)to prescribe the persons or bodies to which the Freedom of Information Commissioner may refer matters;
(d)to prescribe agencies that may be subject to the Freedom of Information Commissioner's power to compel the production of documents.".
6Prescribed authorities
In regulation 5 of the Principal Regulations for "the Schedule" substitute "Schedule 1".
7New regulations 7 to 9 inserted
After regulation 6 of the Principal Regulations insert—
7Prescribed persons or bodies—relevant authority"
For the purposes of section 49O(5) of the Act, a person or body specified in Schedule 2 is prescribed as a relevant authority.
8Prescribed agencies—production of documents
For the purposes of sections 61J and 61K of the Act, the following are prescribed agencies—
(a)a body or body in a class of body specified in Schedule 1;
(b)an agency specified in Schedule 3;
(c)an agency established on or after 1 December 2012.
9Prescribed persons or bodies—referral for investigation
For the purposes of section 61L(8) of the Act, a person or body specified in Schedule 2 is prescribed.".
8Heading to the Schedule amended
For the heading to the Schedule to the Principal Regulations substitute—
"SCHEDULE 1".
9New Schedules 2 and 3 inserted
After the Schedule to the Principal Regulations insert—
"__________________
SCHEDULE 2
Regulations 7 and 9
PRESCRIBED PERSONS AND BODIES
1Auditor-General appointed under section 94A of the Constitution Act 1975
2Chief Commissioner of Police appointed under section 4 of the Police Regulation Act 1958
3Commissioner for Law Enforcement Data Security appointed under Part 2 of the Commissioner for Law Enforcement Data Security Act 2005
4Health Services Commissioner appointed under section 5 of the Health Services (Conciliation and Review) Act 1987
5The Independent Broad-based Anti-corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011
6Ombudsman appointed under section 3 of the Ombudsman Act 1973
7Privacy Commissioner appointed under section 50 of the Information Privacy Act 2000
8Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958
9Road Safety Camera Commissioner appointed under section 5 of the Road Safety Camera Commissioner Act 2011
10Victorian Inspectorate established under section 6 of the Victorian Inspectorate Act 2011.
__________________
SCHEDULE 3
Regulation 8
PRESCRIBED AGENCIES—SECTIONS 61J AND 61K
1Aboriginal Heritage Council established under Part 9 of the Aboriginal Heritage Act 2006
2Accident Compensation Conciliation Service established under the Accident Compensation Act 1985
3Administrative Office established under section 11 of the Public Administration Act 2004
4Administrator appointed under Part 4 of the Electricity Industry (Residual Provisions) Act 1993
5Adult, Community and Further Education Board established under the Education and Training Reform Act 2006
6Adult education institution within the meaning of the Education and Training Reform Act 2006
7Advisory Committee established under section 151 of the Planning and Environment Act 1987
8Alpine Resorts Coordinating Council established under the Alpine Resorts (Management) Act 1997
9Alpine Resort Management Board established under section 34 of the Alpine Resorts (Management) Act 1997
10Anti-Cancer Council Victoria established under Part I of the Cancer Act 1958
11Architects Registration Board of Victoria established under the Architects Act 1991
12Auditor-General appointed under section 94A of the Constitution Act 1975
13Australian Centre for the Moving Image established under the Film Act 2001
14Australian Grand Prix Corporation established under the Australian Grands Prix Act 1994
15Building Commission established under Part 12 of the Building Act 1993
16Bushfires Royal Commission Implementation Monitor appointed under section 5 of the Bushfires Royal Commission Implementation Monitor Act 2011
17Catchment Management Authority established under Part 2 of the Catchment and Land Protection Act 1994
18Cemetery trust established under Part 2 of the Cemeteries and Crematoria Act 2003
19Commissioner for Environmental Sustainability appointed under section 6 of the Commissioner for Environmental Sustainability Act 2003
20Commissioner for Law Enforcement Data Security appointed under Part 2 of the Commissioner for Law Enforcement Data Security Act 2005
21A Committee established by an Order under Part 2 of the Agricultural Industry Development Act 1990
22A committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978
23A Council within the meaning of the Local Government Act 1989
24Council of Legal Education continued under section 6.5.1 of the Legal Profession Act 2004
25Council of Trustees of the National Gallery of Victoria constituted under the National Gallery of Victoria Act 1966
26Country Fire Authority established under Part I of the Country Fire Authority Act 1958
27Dairy Food Safety Victoria established under the Dairy Act 2000
28A Department established under section 10 of the Public Administration Act 2004
29Director, Transport Safety appointed under the Transport Integration Act 2010
30Disability Services Commissioner appointed under section 14 of the Disability Act 2006
31Emerald Tourist Railway Board established under section 2 of the Emerald Tourist Railway Act 1977
32Emergency Services Commissioner established under section 218 of the Emergency Management Act 1986
33Emergency Services Superannuation Board established under Part 2 of the Emergency Services Superannuation Act 1986
34Emergency Services Telecommunications Authority established under Division 1 of Part 2 of the Emergency Services Telecommunications Authority Act 2004
35Energy Safe Victoria established under Division 1 of Part 2 of the Energy Safe Victoria Act 2005
36Environment Protection Authority established under section 5 of the Environment Protection Act 1970
37Essential Services Commission established under section 7 of the Essential Services Commission Act 2001
38Film Victoria established under section 5 of the Film Act 2001
39Fire Services Commissioner established under Part 2 of the Fire Services Commissioner Act 2010
40Geelong Performing Arts Centre Trust established under the Geelong Performing Arts Centre Trust Act 1980
41Greyhound Racing Victoria established under Part III of the Racing Act 1958
42Growth Areas Authority established under the Planning and Environment Act 1987
43Harness Racing Victoria established under Part II of the Racing Act 1958
44Health Purchasing Victoria established under Part 6 of the Health Services Act 1988
45Health Services Commissioner appointed under section 5 of the Health Services (Conciliation and Review) Act 1987
46Heritage Council established under Part 2 of the Heritage Act 1995
47Judicial College of Victoria established under section 4 of the Judicial College of Victoria Act 2001
48Legal Practitioners' Liability Committee under section 6.6.1 of the Legal Profession Act 2004
49Legal Services Board established under the Legal Profession Act 2004
50Legal Services Commissioner appointed under Part 6.3 of the Legal Profession Act 2004
51Library Board of Victoria established under section 16 of the Libraries Act 1988
52Linking Melbourne Authority established under section 134 of the Transport Integration Act 2010
53Melbourne Convention and Exhibition Trust established under the Melbourne Convention and Exhibition Trust Act 1996
54Melbourne Cricket Ground Trust established under section 4 of the Melbourne Cricket Ground Act 2009
55Melbourne Market Authority established by Part II of the Melbourne Market Authority Act 1977
56Melbourne and Olympic Parks Trust established under the Melbourne andOlympic Parks Act 1985
57Metropolitan Fire and Emergency Services Appeals Commission established under the Metropolitan Fire Brigades Act 1958
58Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958
59Metropolitan Waste Management Group established under the Environment Protection Act 1970
60A multi-purpose service within the meaning of the Health Services Act 1988
61Museums Board of Victoria established under the Museums Act 1983
62National Parks Advisory Council established under section 10 of the National Parks Act 1975
63Office of Police Integrity established under the Police Integrity Act 2008
64Office of Public Prosecutions established under the Public Prosecutions Act 1994
65Ombudsman appointed under section 3 of the Ombudsman Act 1973
66Parks Victoria established under Part 2 of the Parks Victoria Act 1998
67Parliamentary Trustee established under section 11A of the Parliamentary Salaries and Superannuation Act 1968
68Plumbing Industry Commission established under Division 9 of Part 12A of the Building Act 1993
69Police Force of Victoria
70Port of Hastings Development Authority established under section 141Q of the Transport Integration Act 2010
71Port of Melbourne Corporation continued under section 141B of the Transport Integration Act 2010
72PrimeSafe established under the Meat Industry Act 1993
73Privacy Commissioner appointed under section 50 of the Information Privacy Act 2000
74Professional Standards Council established under Part 6 of the Professional Standards Act 2003
75A public health service within the meaning of the Health Services Act 1988
76A public hospital within the meaning of the Health Services Act 1988
77Public Transport Development Authority established under section 79A of the Transport Integration Act 2010
78Queen Victoria Women's Centre Trust established under the Queen Victoria Women's Centre Act 1994
79Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958
80A regional waste management group established under Division 2A of Part IX of the Environment Protection Act 1970
81A Regional Coastal Board established under section 10 of the Coastal Management Act 1995
82A regional library established under section 196 of the Local Government Act 1989
83Residential Tenancies Bond Authority established under Part 10 of the Residential Tenancies Act 1997
84Road Corporations continued under section 80 of the Transport Integration Act 2010
85Road Safety Camera Commissioner appointed under section 5 of the Road Safety Camera Commissioner Act 2011
86Royal Botanic Gardens Board established under Part 2 of the Royal Botanic Gardens Act 1991
87Sentencing Advisory Council established under the Sentencing Act 1991
88Shrine of Remembrance Trustees established under section 3 of the Shrine of Remembrance Act 1978
89Small Business Commissioner appointed under section 4 of the Small Business Commissioner Act 2003
90Special Investigations Monitor established under the Major Crime (Special Investigations Monitor) Act 2004
91State Electricity Commission of Victoria established under the Electricity Industry Act 2000
92Commissioner for State Revenue Office referred to in section 62 of the Taxation Administration Act 1997
93State Services Authority established under the Public Administration Act 2004
94State Sport Centres Trust established under Part 2 of the State Sport Centres Act 1994
95Surveyors Registration Board of Victoria established under the Surveying Act 2004
96Sustainability Victoria established under the Sustainability Victoria Act 2005
97Tourism Victoria established under the Tourism Victoria Act 1992
98Transport Accident Commission established under Part 2 of the Transport Accident Act 1986
99Transport Ticketing Authority established under the State Owned Enterprises Act 1992
100Trust for Nature (Victoria) established under the Victorian Conservation Trust Act 1972
101A University within the meaning of the Education and Training Reform Act 2006 (except the Australian Catholic University Limited and the Melbourne College of Divinity)
102Urban Renewal Authority Victoria established under the Urban Renewal Authority Victoria Act 2003
103Veterinary Practitioners Registration Board of Victoria established under the Veterinary Practice Act 1997
104VicForests established under the State Owned Enterprises Act 1992
105Victoria Legal Aid established under the Legal Aid Act 1978
106Victorian Arts Centre Trust established under Part 2 of the Victorian Arts Centre Act 1979
107Victorian Assisted Reproductive Treatment Authority established under Part 10 of the Assisted Reproductive Treatment Act 2008
108Victorian Catchment Management Council established under Part 2 of the Catchment and Land Protection Act 1994
109Victorian Coastal Council established under the Coastal Management Act 1995
110Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011
111Victorian Competition and Efficiency Commission established under the State Owned Enterprises Act 1992
112Victorian Curriculum and Assessment Authority established under the Education and Training Reform Act 2006
113Victorian Disability Advisory Council established under section 11 of the Disability Act 2006
114Victorian Electoral Commission established under section 6 of the Electoral Act 2002
115Victorian Environmental Assessment Council established under Part 2 of the Victorian Environmental Assessment Council Act 2001
116Victorian Environmental Water Holder established under section 33DB of the Water Act 1989
117Victorian Equal Opportunity and Human Rights Commission established under the Equal Opportunity Act 2010
118Victorian Government Purchasing Board established under the Financial Management Act 1994
119Victorian Health Promotion Foundation established under the Tobacco Act 1987
120Victorian Institute of Forensic Medicine established under Part 9 of the Victorian Institute of Forensic Medicine Act 1985
121Victorian Institute of Forensic Mental Health established under the Mental Health Act 1986
122Victorian Institute of Teaching established under the Education and Training Reform Act 2006
123Victorian Law Reform Commission established under section 4 of the Victorian Law Reform Commission Act 2000
124Victorian Managed Insurance Authority established under the Victorian Managed Insurance Authority Act 1996
125Victorian Rail Track continued under section 116 of the Transport Integration Act 2010
126Victorian Registration and Qualifications Authority established under the Education and Training Reform Act 2006
127Victorian Regional Channels Authority continued under section 141J of the Transport Integration Act 2010
128Victorian Skills Commission established under the Education and Training Reform Act 2006
129Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005
130Victorian WorkCover Authority established under the Accident Compensation Act 1985
131V/Line Corporation continued under section 128 of the Transport Integration Act 2010
132A water corporation established or re‑structured under Division 1 of Part 6 of the Water Act 1989
133Zoological Parks and Gardens Board established under Part 2 of the Zoological Parks and Gardens Act 1995.".
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ENDNOTES
[1] Reg. 4: S.R. No. 33/2009 as amended by S.R. No. 112/2012.
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