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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Freedom of Information (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. New Part 3A inserted 2
PART IIIA--DOCUMENTS CONTAINING PERSONAL
INFORMATION 2
27A. What is personal information? 2
27B. To what documents does this Part apply? 2
27C. Personal information not to be disclosed 3
27D. Application to Tribunal 3
27E. Access with consent 5
27F. Tribunal may order access to be granted 6
27G. Notification of third party 7
4. Amendment of personal affairs exemption 7
5. Consequential amendment of Victorian Civil and
Administrative Tribunal Act 1998 8
6. Statute law revision 8
NOTES 10
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PARLIAMENT OF VICTORIA
A BILL
to amend the Freedom of Information Act 1982 with respect to the
disclosure of documents affecting personal privacy, to make a
consequential amendment to the Victorian Civil and Administrative
Tribunal Act 1998 and for other purposes.
Freedom of Information (Amendment)
Act 1999
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Freedom
of Information Act 1982 with respect to the
disclosure of documents affecting personal
5 privacy.
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2. Commencement
This Act comes into operation on 1 July 1999.
No. 9859. 3. New Part 3A inserted
Reprint No. 3
After Part III of the Freedom of Information Act
as at
19 February
5 1982 insert--
1998. Further
amended by
Nos 46/1998 'PART IIIA--DOCUMENTS CONTAINING
and 52/1998.
PERSONAL INFORMATION
27A. What is personal information?
In this Part--
10 "personal information" means
information--
(a) that identifies any person or
discloses their address or location;
or
15 (b) from which any person's identity,
address or location can reasonably
be determined.
27B. To what documents does this Part apply?
This Part applies to a document that contains
20 personal information about a person (other
than the applicant for access to the
document) except--
(a) personal information that the applicant
already knows or ought to know; or
25 (b) personal information that the applicant
could reasonably obtain (other than as a
result of a request under this Act) from
documents generally available to the
public for inspection or purchase.
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27C. Personal information not to be disclosed
(1) Access is not to be granted under this Act to
a document to which this Part applies except
in accordance with an order of the Tribunal
5 under section 27E or 27F.
(2) If--
(a) it is practicable for an agency or
Minister to grant access to a copy of a
document to which this Part applies
10 from which the personal information
has been deleted; and
(b) it appears from the request, or the
applicant subsequently indicates, that
the applicant would wish to have access
15 to such a copy--
the agency or Minister shall, subject to
sub-section (4), grant access to such a copy
of the document.
(3) If an agency or Minister refuses to grant
20 access to a document to which this Part
applies, or grants access to a copy of such a
document from which the personal
information has been deleted, the agency or
Minister must inform the applicant of the
25 applicant's right to apply to the Tribunal
under section 27D.
(4) Nothing in this section requires access to be
granted to an exempt document.
27D. Application to Tribunal
30 (1) If an agency or Minister refuses to grant
access to a document to which this Part
applies, or grants access to a copy of a
document from which the personal
information has been deleted, the applicant
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may apply to the Tribunal for an order that
access be granted to the full document.
(2) If--
(a) the time period provided in section 21
5 has elapsed; and
(b) notice of a decision on a request for
access to a document to which this Part
applies has not been received by the
applicant--
10 the agency or Minister is deemed, for the
purposes of sub-section (1), to have refused,
on the last day of that time period, to grant
access to the document.
(3) An application under sub-section (1) must be
15 made within 102 days after--
(a) the day on which the applicant is
informed under section 27C(3) of the
right to apply to the Tribunal; or
(b) in the case of a deemed refusal under
20 sub-section (2)--the day on which the
refusal is deemed to have occurred.
(4) If an application is made under
sub-section (1)--
(a) the agency or Minister is a party to the
25 proceeding; and
(b) as soon as practicable after being
notified of the application, the agency
or Minister must--
(i) inform the Tribunal whether or
30 not the agency or Minister objects
to the disclosure of the personal
information; and
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(ii) if practicable, give written notice
to the person who is the subject of
the personal information in
accordance with sub-section (5).
5 (5) A notice under sub-section (4)(b)(ii) must--
(a) inform the person to whom it is
directed of their right to intervene in the
proceeding; and
(b) request the person to inform the
10 Tribunal, within 21 days after the day
on which the notice was given--
(i) whether or not the person consents
to the disclosure of the personal
information; and
15 (ii) if the person does not consent,
whether or not they intend to
intervene in the proceeding; and
(c) inform the person that if they do not
inform the Tribunal under paragraph
20 (b) within the period specified in that
paragraph, they will be taken to have
consented to the disclosure of the
personal information.
(6) If a person who is the subject of personal
25 information does not inform the Tribunal in
accordance with sub-section (5)(b) within
the period specified in that sub-section, the
person is taken to have consented to the
disclosure of that information.
30 27E. Access with consent
(1) On an application under section 27D, the
Tribunal must make an order that access to a
document to which this Part applies be
granted if--
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(a) the agency or Minister has informed the
Tribunal under section 27D(4)(b)(i)
that the agency or Minister does not
object to disclosure of personal
5 information contained in the document;
and
(b) either--
(i) the person who is the subject of
the personal information has
10 consented, or is taken to have
consented, to disclosure of that
information; or
(ii) the Tribunal is satisfied that it is
not practicable for notice to be
15 given under section 27D(4)(b)(ii).
(2) If the Tribunal makes an order under
sub-section (1), the applicant is entitled to a
refund of any fee paid under section 68 of
the Victorian Civil and Administrative
20 Tribunal Act 1998 in respect of the
application.
27F. Tribunal may order access to be granted
(1) On an application under section 27D and if
section 27E does not apply, the Tribunal may
25 order that access to a document to which this
Part applies be granted if satisfied that the
granting of access is reasonable in all the
circumstances.
(2) Without limiting the factors the Tribunal
30 may take into account in determining
whether the granting of access to a document
to which this Part applies is reasonable, the
Tribunal may take into account the use that
the applicant might make of the document.
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(3) The Tribunal cannot order that access be
granted to a document to which this Part
applies if, in the opinion of the Tribunal, the
granting of access--
5 (a) would be contrary to the public interest;
or
(b) would, or would be reasonably likely
to, endanger the life or physical safety
of any person.
10 (4) The applicant has the onus of establishing
that it would be reasonable in all the
circumstances for access to the document to
be granted.
27G. Notification of third party
15 (1) If--
(a) the Tribunal has ordered that access be
granted to a document to which this
Part applies; and
(b) the person who is the subject of the
20 personal information contained in the
document did not intervene in the
proceeding--
the Tribunal must, if practicable, give notice
of the order to that person.
25 (2) The order does not take effect until the
earlier of--
(a) the time at which notice is given under
sub-section (1); and
(b) 28 days after the order is made.'.
30 4. Amendment of personal affairs exemption
(1) In section 33 of the Freedom of Information Act
1982 for sub-section (8) substitute--
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"(8) Nothing in this section shall be construed so
as to affect the procedures for access to
information kept in a register maintained
under Division 1 of Part 7 of the Infertility
5 Treatment Act 1995.".
(2) After section 33(8) of the Freedom of
Information Act 1982 insert--
'(9) In this section--
"information relating to the personal
10 affairs of any person" does not
include personal information within the
meaning of section 27A.'.
5. Consequential amendment of Victorian Civil and
Administrative Tribunal Act 1998
No. 53/1998
15 In Schedule 1 to the Victorian Civil and
as amended
Administrative Tribunal Act 1998 after
by Nos
46/1998, clause 29 insert--
92/1998 and
101/1998. "29A. Person who is the subject of personal information
may intervene
20 A person who is the subject of personal information
contained in a document to which Part IIIA of the
Freedom of Information Act 1982 applies may
intervene in a proceeding on an application under
section 27D of that Act in respect of that document.".
25 6. Statute law revision
In the Freedom of Information Act 1982--
(a) in sections 15(2) and 23(6) for "Public
Records Office" substitute "Public Record
Office";
30 (b) in section 25A(7) for "commencing of"
substitute "commencing on";
(c) in section 61 for "of a proceedings"
substitute "of proceedings";
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(d) in section 64(3)(i) omit "and" where
secondly occurring.
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Freedom of Information (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Freedom of Information (Amendment) Act 1999
Act No.
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