Victorian Consolidated Legislation

Electoral Act 2002 - SECT 34

Provision of enrolment information to others

34. Provision of enrolment information to others



(1) After receiving a request from any person or organisation not referred to
in section 33 for a list of electors and their particulars, the Commission
must-

   (a)  identify the public interest in providing the requested information;
        and

   (b)  consult with the Privacy Commissioner appointed under the
        Information Privacy Act 2000 on the public interest in protecting the
        privacy of personal information; and

   (c)  taking into account the advice of the Privacy Commissioner, make a
        finding whether or not the public interest in providing the requested
        information outweighs the public interest in protecting the privacy of
        personal information in the particular circumstances.

(2) Subject to subsection (3), if the Commission has made a finding under
subsection (1) that the public interest in providing the requested information
outweighs the public interest in protecting the privacy of personal
information, the Commission may-

   (a)  provide to the person or organisation a list specifying electors and
        their particulars; and

   (b)  charge a fee that covers the cost to the Commission of providing the
        list.

(3) The Commission must obtain from the person or organisation to be provided
with information under this section an undertaking that the person or
organisation will-

   (a)  only use the information for the purpose for which the Commission
        agreed to provide the information; and

   (b)  not copy the information or give it to any other person or
        organisation; and

   (c)  return the information to the Commission or destroy the information
        after using it for the purpose for which the Commission agreed to
        provide the information.

(4) If the Commission provides enrolment information under this section-

   (a)  to a person or organisation that conducts medical research; or

   (b)  to a person or organisation that provides a health screening program-

the Commission may include in the enrolment information the age ranges of
electors in a form determined by the Commission.

(5) The Commission must not provide particulars of silent electors under this
section.

(6) The Commission must make available for public inspection, free of charge,
at the office of the Commission, any finding made under subsection (1).