Victorian Consolidated Legislation

Freedom of Information Act 1982 - SECT 5

Definitions1

5. Definitions1



(1) In this Act, except insofar as the context or subject-matter otherwise
indicates or requires-

agency means a department council or a prescribed authority;

applicant means a person who has made a request in accordance with section 17
or has applied under section 12(1) for a statement published by a principal
officer to be altered;

closed meeting in relation to a council, means a meeting closed to the public
under section 89(2) of the Local Government Act 1989;

council has the same meaning as in section 3(1) of the
Local Government Act 1989;

department means a department within the meaning of the
Public Administration Act 2004 or an office specified in section 16(1) of that
Act;













document includes, in addition to a document in writing-

   (a)  any book map plan graph or drawing; and

   (b)  any photograph; and

   (c)  any label marking or other writing which identifies or describes any
        thing of which it forms part, or to which it is attached by any means
        whatsoever; and

   (d)  any disc tape sound track or other device in which sounds or other
        data (not being visual images) are embodied so as to be capable (with
        or without the aid of some other equipment) of being reproduced
        therefrom; and

   (e)  any film negative tape or other device in which one or more visual
        images are embodied so as to be capable (as aforesaid) of being
        reproduced therefrom; and

   (f)  anything whatsoever on which is marked any words figures letters or
        symbols which are capable of carrying a definite meaning to persons
        conversant with them; and

   (g)  any copy, reproduction or duplicate of any thing referred to in
        paragraphs (a) to (f); and

   (h)  any part of a copy, reproduction or duplicate referred to in paragraph
        (g)- but does not include such library material as is maintained for
        reference purposes;



document of an agency or document of the agency means a document in the
possession of an agency, or in the possession of the agency concerned, as the
case requires, whether created in the agency or received in the agency;

enactment means an Act or an instrument (including rules, regulations, local
laws or by-laws) made under an Act;

exempt document means-

   (a)  a document which, by virtue of a provision of Part IV, is an exempt
        document; or

   (b)  an official document of a Minister that contains some matter that does
        not relate to the affairs of an agency or of a department;

exempt matter means matter the inclusion of which in a document causes the
document to be an exempt document; health information has the same meaning as
in the Health Records Act 2001;

Health Services Commissioner means Health Services Commissioner appointed
under the Health Services (Conciliation and Review) Act 1987 and includes the
Acting Health Services Commissioner under that Act;

officer-

   (a)  in relation to an agency, other than a council, includes a member of
        the agency, a member of the staff of the agency, and any person
        employed by or for the agency, whether that person is one to whom the
        provisions of the Public Administration Act 2004 apply or not; and

   (b)  in relation to a council, includes a member of the council, a member
        of the staff of the council and any person employed by or for the
        council;

official document of a Minister or official document of the Minister means a
document in the possession of a Minister, or in the possession of the Minister
concerned, as the case requires, that relates to the affairs of an agency,
and, for the purposes of this interpretation, a Minister shall be deemed to be
in possession of a document that has passed from his possession if he is
entitled to access to the document and the document is not a document of an
agency;

Ombudsman means the Ombudsman appointed under the Ombudsman Act 1973;

prescribed authority means-

   (a)  a body corporate established for a public purpose by, or in accordance
        with, the provisions of an Act, or a body unincorporate created by the
        Governor in Council or by a Minister, other than-

   (i)  an incorporated company or association;

   (ii) a body that, under subsection (2), is not to be taken to be a
        prescribed authority for the purposes of this Act;

   (iii) a Royal Commission; or

* * * * *

   (v)  a school council;

   (b)  any other body, whether incorporated or unincorporated, declared by
        the regulations to be a prescribed authority for the purposes of this
        Act, being-

   (i)  an incorporated company or association or unincorporated body which is
        supported directly or indirectly by government funds or other
        assistance or over which the State is in a position to exercise
        control; or

   (ii) a body established by or under an Act of Parliament;

   (c)  subject to subsection (3), the person holding, or performing the
        duties of, an office established by an Act; or

   (d)  the person holding, or performing the duties of, an appointment
        declared by the regulations to be an appointment the holder of which
        is a prescribed authority for the purposes of this Act, being an
        appointment made by the Governor in Council, or by a Minister,
        otherwise than under an Act;

principal officer means-

   (a)  in relation to a department, the person employed as or performing the
        duties of the Department Head within the meaning of the
        Public Administration Act 2004; and

   (aa) in relation to a council, the person holding, or performing the duties
        of, the office of chief administrative officer of the council (by
        whatever name called); and

   (b)  in relation to a prescribed authority-

   (i)  if the regulations declare an office to be the principal office in
        respect of the authority-the person holding, or performing the duties
        of, that office; or

   (ii) in any other case-the person who constitutes that authority or, if the
        authority is constituted by two or more persons, the person who is
        entitled to preside at any meeting of the authority at which he is
        present;

record means a document containing information relating to the personal
affairs of a person and includes a document containing information relating to
the personal affairs of a deceased person;

request means a request made in accordance with section 17;





responsible Minister means-

   (a)  in relation to a department-the Minister administering the relevant
        department;
(b) in relation to a prescribed authority referred to in paragraph (a) of the
interpretation of "prescribed authority"-the Minister administering the Act by
which, or in accordance with the provisions of which, the prescribed authority
is established;

   (c)  in relation to a prescribed authority referred to in paragraph (c) of
        that interpretation-the Minister administering the Act by which the
        office is established; or

   (d)  in relation to any other prescribed authority-the Minister declared by
        the regulations to be the responsible Minister in respect of that
        authority-or another Minister acting for and on behalf of that
        Minister;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998.



(2) An unincorporated body, being a board, council, committee, sub-committee
or other body established by, or in accordance with the provisions of, an Act
for the purpose of assisting, or performing functions connected with, a
prescribed authority shall not be taken to be a prescribed authority for the
purposes of this Act, but shall be deemed to be comprised within that
prescribed authority.

(3) A person shall not be taken to be a prescribed authority by virtue of his
holding, or performing the duties of-

   (a)  a prescribed office;

   (b)  an office the duties of which he performs as duties of his employment
        as an officer of a department or as an officer of or under a
        prescribed authority;

   (c)  an office or member of a body; or

   (d)  an office established by an enactment for the purposes of a
        prescribed authority.

(4) For the purposes of this Act, the Police Force of Victoria shall be deemed
to be a prescribed authority.