FREEDOM OF INFORMATION ACT 1982
Table of Provisions
PART I--PRELIMINARY
- 1 Short title and commencement
- 3 Object of Act
- 4 Act binds the Crown
- 5 Definitions
- 6 Act not to apply to courts etc.
- 6AA Act not to apply to access to certain documents of Office of Victorian Information Commissioner
- 6A Relationship with other laws
PART IA--OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER
- 6B Establishment of the Office of the Victorian Information Commissioner
- 6C Appointment of the Information Commissioner
- 6D Appointment of Public Access Deputy Commissioner
- 6E Terms and conditions of appointment of Information Commissioner
- 6F Terms and conditions of appointment of Public Access Deputy Commissioner
- 6G Functions of the Information Commissioner
- 6H Functions of the Public Access Deputy Commissioner
- 6I Freedom of information functions
- 6J Performance of concurrent functions
- 6K General powers of Information Commissioner and Public Access Deputy Commissioner
- 6L Remuneration
- 6M Vacancy and resignation of Information Commissioner or Public Access Deputy Commissioner
- 6N Suspension of Information Commissioner and removal from office
- 6O Suspension of Public Access Deputy Commissioner and removal from office
- 6P Acting Information Commissioner and Public Access Deputy Commissioner
- 6Q Staff
- 6R Delegation
- 6S Directions
- 6T Validity of acts and decisions
PART IB--PROFESSIONAL STANDARDS
- 6U Development of professional standards
- 6V Publication of professional standards
- 6W Compliance with professional standards
- 6X Review and amendment of professional standards
- 6Y Ministerial professional standards
- 6Z Compliance with Ministerial professional standards
PART II--PUBLICATION OF CERTAIN DOCUMENTS AND INFORMATION
- 7 Publication of information concerning functions etc. of agencies
- 8 Certain documents to be available for inspection and purchase
- 9 Unpublished documents not to prejudice public
- 10 Cabinet register
- 11 Statement of certain documents in possession of agencies to be published
- 12 Notices to require specification of documents in statements
PART III--ACCESS TO DOCUMENTS
- 13 Right of access
- 14 Part not to apply to certain documents
- 15 Documents in the Public Record Office
- 16 Access to documents apart from Act
- 17 Requests for access
- 18 Transfer of requests
- 19 Requests involving use of computers etc.
- 20 Access to documents to be given on request
- 21 Time within which formal requests to be decided
- 22 Charges for access to documents
- 23 Forms of access
- 24 Deferment of access
- 24A Repeated requests
- 25 Deletion of exempt matter or irrelevant material
- 25A Requests may be refused in certain cases
- 26 Decision to be made by authorized person
- 27 Reasons etc. to be given
PART IV--EXEMPT DOCUMENTS
- 27A Interpretation
- 28 Cabinet documents
- 29 Documents containing matter communicated by any other State
- 29A Documents affecting national security, defence or international relations
- 29B Documents of Court Services Victoria
- 30 Internal working documents
- 31 Law enforcement documents
- 31A Documents relating to IBAC
- 32 Documents affecting legal proceedings
- 33 Document affecting personal privacy
- 33A Notice requirement where person is a child—document affecting personal privacy or information communicated in confidence
- 34 Documents relating to trade secrets etc.
- 35 Documents containing material obtained in confidence
- 36 Disclosure contrary to public interest
- 37 Certain documents arising out of companies and securities legislation
- 38 Documents to which secrecy provisions of enactments apply
PART V--AMENDMENT OF PERSONAL RECORDS
- 39 Person may request amendment of record
- 40 Form of request for amendment of record
- 41 Agency or Minister may amend record
- 42 Notation on record
- 43 Time within which agency or Minister must notify claimant
- 44 When section 26 to apply
- 45 When section 27 to apply
- 46 Where request refused
- 47 Notice to be added to the record
- 48 Notice may be given to persons who received the information prior to commencement of section
- 49 How corrections or amendments are made
PART VI--REVIEW OF DECISIONS
Division 1--Review by Information Commissioner
- 49A Applications to Information Commissioner for review
- 49B Time for applying for review
- 49C Form of application
- 49D Notice and copies of application for review
- 49E Parties to review
- 49F Review of decision
- 49G Information Commissioner may determine not to accept application or may dismiss review
- 49H Procedure on review
- 49I Agency or Minister must assist Information Commissioner
- 49J Effect of delay by Information Commissioner in relation to requests
- 49K Preliminary inquiries
- 49KA Power to require a further search for documents
- 49KB Information Commissioner may issue notice to produce or attend
- 49L Referral back to agency or Minister for reconsideration
- 49M Reconsideration at agency's or Minister's own initiative
- 49MA Procedure after reconsideration under section 49L or 49M
- 49N Information Commissioner may facilitate a negotiated agreement
- 49O Referral of matter to a relevant authority
- 49OA Review of decisions under section 25A(5)
- 49P Decision on review
Division 2--Conciliation by Health Complaints Commissioner
- 49Q Conciliation by Health Complaints Commissioner
Division 3--Review by the Tribunal
- 50 Applications for review by the Tribunal
- 51 Information Commissioner may be called on to assist Tribunal
- 52 Time for applying for review
- 53 Reviews where decisions delayed
- 53AA Procedure where Tribunal determines that there do not exist reasonable grounds for claim under section 29A
- 53A Notification of reviews regarding documents affecting personal privacy
- 54 Parties
- 55 Onus
- 56 Inspection of exempt documents by Tribunal
- 59 Tribunal may reduce or waive charges
- 61 Disciplinary action
PART VIA--COMPLAINTS
- 61A Complaints
- 61B Information Commissioner may accept or decline to deal with complaint
- 61C Referral of complaint to another body
- 61D Notice of decision to investigate complaint
- 61E Agency or Minister to co-operate with Information Commissioner
- 61F Complaint must be dealt with in private
- 61G Preliminary inquiries and consultation
- 61GA Power to require a further search for documents
- 61GB Informal resolution
- 61H Conciliation of complaint
- 61I Procedure for dealing with complaint if conciliation fails
- 61L Outcome of complaint
- 61M Complaints notified or referred by other bodies
PART VIB--INVESTIGATIONS
Division 1--Investigations
- 61O Information Commissioner may conduct investigation
- 61P Conduct of investigation
Division 2--Reporting of investigation
- 61Q Investigation report
- 61R Content of investigation report
- 61S Legal advice and representation—investigation report
- 61T Tabling of report in Parliament
Division 3--Investigations of public interest complaints
- 61TA Information Commissioner must investigate public interest complaints
- 61TB Information Commissioner must refuse to investigate certain public interest complaints
- 61TC Information Commissioner may refuse to investigate certain public interest complaints
- 61TD Notification of refusal to conduct investigation on public interest complaint
- 61TE Notification of corrupt conduct
- 61TF Procedure on completion of investigation of public interest complaint
- 61TG Person who made public interest disclosure to be informed of result of investigation
- 61TH Information Commissioner must not disclose certain information
- 61TI Disclosure of information by Information Commissioner
- 61TJ Confidentiality notice
- 61TK Extension of confidentiality notice
- 61TL Information Commissioner to provide the IBAC with copies
- 61TM Disclosure subject to confidentiality notice
PART VIC--COERCIVE POWERS
- 61U Notice to produce or attend
- 61V Variation or revocation of a notice to produce or attend
- 61W Service of notice to produce or notice to attend
- 61X Failure to comply with notice to produce or attend
- 61Y Reasonable excuse—self incrimination
- 61Z Reasonable excuse—documents affecting national security, defence or international relations
- 61ZA Reasonable excuse—cabinet documents and legal professional privilege
- 61ZB Production under notice of document claimed to be exempt under section 28, 31 or 31A
- 61ZC Statutory secrecy not a reasonable excuse
- 61ZD Office of the Information Commissioner to report to the Victorian Inspectorate on issue of notice to produce or attend
- 61ZE Power to take evidence on oath or affirmation
- 61ZF Legal advice and representation
- 61ZG Protection of legal practitioners and persons—notice to produce or attend
- 61ZH Audio or video recording of examination
- 61ZI Act applies equally to attendance in person or by audio or audio visual link
PART VII--MISCELLANEOUS
Division 1--Protections in relation to legal action
- 62 Protection against actions for defamation or breach of confidence
- 63 Protection in respect of offences
- 63A Information Commissioner and certain other persons not compellable to produce documents in legal proceedings
- 63B Protection of person making complaint
- 63BA Application to Supreme Court
Division 2--Production of documents to Information Commissioner
- 63C Application of Division
- 63D Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A
- 63E Use of documents claimed to be exempt
Division 2A--Offences
Division 3--Reporting
- 64 Reporting by Information Commissioner
- 64A Reports to Integrity and Oversight Committee
- 64B Duty of agency or Minister to comply with requirements of Information Commissioner
- 65AB Report to Parliament by Minister
Division 4--Regulations
- 66 Regulations
Division 5--Transitional and saving provisions
- 67 Retrospective operation of law
- 68 Transitional
- 69 Transitional provisions—Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012
- 70 Transitional provisions—Freedom of Information and Victorian Inspectorate Acts Amendment Act 2014
- 71 Transitional provision—Inquiries Act 2014
- 72 Transitional provisions—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017