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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Freedom of Information (Miscellaneous
Amendments) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Principal Act 2
4. Part IIIA is repealed 2
5. Cabinet documents 2
6. Documents affecting personal privacy 2
7. Commercial confidentiality 3
8. New section 53A inserted 4
53A. Notification of reviews regarding documents affecting
personal privacy 4
9. New section 65AB inserted 5
65AB. Report to Parliament by Minister 5
10. New section 68 inserted 6
68. Transitional 6
11. Removal of fee 9
12. Consequential amendment 10
29A. Person whose personal privacy is affected may intervene 10
NOTES 11
i
541004B.A1-8/12/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 10 November 1999
As amended by Assembly 7 December 1999
A BILL
to amend the Freedom of Information Act 1982 to provide for
increased access to documents under that Act and for other purposes.
Freedom of Information (Miscellaneous
Amendments) Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Freedom of Information Act 1982 to provide for
increased access to documents under that Act.
5 2. Commencement
This Act comes into operation on 1 January 2000.
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Act No.
3. Principal Act
No. In this Act the Freedom of Information Act
9859/1982.
1982 is called the Principal Act.
Reprint No. 4
as at 1 July
1999.
4. Part IIIA is repealed
5 Part IIIA of the Principal Act is repealed.
5. Cabinet documents
In section 28(1) of the Principal Act for
paragraph (b) substitute--
"(b) a document that has been prepared by a
10 Minister or on his or her behalf or by an
agency for the purpose of submission for
consideration by the Cabinet;".
6. Documents affecting personal privacy
(1) After section 33(2) of the Principal Act insert--
15 "(2A) An agency or Minister, in deciding whether
the disclosure of a document under this Act
would involve the unreasonable disclosure of
information relating to the personal affairs of
any person, must take into account, in
20 addition to any other matters, whether the
disclosure of the information would, or
would be reasonably likely to, endanger the
life or physical safety of any person.".
(2) In section 33 of the Principal Act, for sub-section
25 (9) substitute--
'(9) In this section--
"information relating to the personal
affairs of any person" includes
information--
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(a) that identifies any person or
discloses their address or
location; or
(b) from which any person's identity,
5 address or location can
reasonably be determined.'.
7. Commercial confidentiality
(1) In section 34 of the Principal Act, for sub-section
(1) substitute--
10 "(1) A document is an exempt document if its
disclosure under this Act would disclose
information acquired by an agency or a
Minister from a business, commercial or
financial undertaking and the information
15 relates to--
(a) trade secrets; or
(b) other matters of a business, commercial
or financial nature and the disclosure of
the information would be likely to
20 expose the undertaking unreasonably to
disadvantage.".
(2) In section 34(2) of the Principal Act after
"undertaking" (where first occurring) insert
"unreasonably".
25 (3) In section 34(3) of the Principal Act after
"undertaking" (where first occurring) insert
"unreasonably".
(4) In section 34(4)(a) of the Principal Act for
"expose the agency" substitute "expose the
30 agency unreasonably".
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8. New section 53A inserted
After section 53 of the Principal Act insert--
"53A. Notification of reviews regarding
documents affecting personal privacy
5 (1) If--
(a) an agency or Minister makes a decision
refusing to grant access to a document;
and
(b) a reason for the decision is that the
10 document is an exempt document under
section 33(1) because its disclosure
would involve the unreasonable
disclosure of information relating to the
personal affairs of a person; and
15 (c) an application is made to the Tribunal
under section 50(2)(a) for review of the
decision--
the agency or Minister, as soon as
practicable after being notified of the
20 application, must, if practicable, give written
notice in accordance with sub-section (2) to
the person to whom the information relates.
(2) A notice under sub-section (1) must--
(a) inform the person to whom it is
25 directed of their right to intervene in the
review; and
(b) request the person to inform the
Tribunal, within 21 days after the day
on which the notice was given, whether
30 or not the person intends to intervene.
(3) If--
(a) the person does not intervene in the
review; and
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(b) the Tribunal orders that access be
granted to the document--
the Tribunal must, if practicable, give notice
of the order to the person.
5 (4) An order referred to in sub-section (3)(b)
does not take effect until 28 days after the
day on which it is made.".
9. New section 65AB inserted
After section 65AA of the Principal Act insert--
10 "65AB. Report 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
15 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
20 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
25 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
30 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
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Act No.
is made but not later than the day that the
summons for leave to appeal is filed with the
court.
(4) The notice under sub-section (3) must be in
5 writing and must set out a brief statement of
the reason or reasons for seeking leave to
appeal.".
10. New section 68 inserted
After section 67 of the Principal Act insert--
10 "68. Transitional
(1) If--
(a) a request for access to a document was
made to an agency or a Minister under
Part III as in force before 1 January
15 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
20 (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
25 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
30 under Part III as in force before
1 January 2000; and
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(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
5 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.
10 (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
15 (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
20 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
25 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
30 the Freedom of Information
(Miscellaneous Amendments) Act 1999.
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(5) If--
(a) an application had been made to the
Tribunal for a review of a decision
referred to in section 50(2) before
5 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
10 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
15 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--
20 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 sub-section (6)
25 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
30 Part III; and
(b) the request had been made on the day
that that the application was received
from the Tribunal.
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(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
5 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
10 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
15 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.".
11. Removal of fee
No. 52/1998.
In item 7 of Schedule 3 to the Tribunals and
As amended
20 Licensing Authorities (Miscellaneous by Nos
Amendments) Act 1998 for paragraph (x) 46/1998 and
101/1998.
substitute--
"(x) Freedom of Information Act 1982
applications under section 50(2) except--
25 (i) applications for review of a deemed
decision under section 53 refusing to
grant access to a document; or
(ii) if the applicant is a natural person and
the document to which access is sought
30 contains information relating to the
applicant's personal affairs;".
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s. 12
Act No.
12. Consequential amendment
No. 53/1998. In Schedule 1 to the Victorian Civil and
Reprint No. 1
Administrative Tribunal Act 1998, for
as at 1 July
clause 29A substitute--
1999. Further
amended by
5 "29A. Person whose personal privacy is affected may
No. 17/1999.
intervene
If--
(a) an agency or Minister makes a decision refusing
to grant access to a document under the
10 Freedom of Information Act 1982; and
(b) a reason for the decision is that the document is
an exempt document under section 33(1) of that
Act because its disclosure would involve the
unreasonable disclosure of information relating
15 to the personal affairs of a person--
the person to whom the information relates may
intervene in a proceeding on an application under
section 50(2)(a) of that Act for review of the
decision.".
20
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Freedom of Information (Miscellaneous Amendments) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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