Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61BD

Copying of, access to or receipt for things seized

61BD. Copying of, access to or receipt for things seized



(1) If an authorised officer seizes-

   (a)  a document, disk or tape or other thing that can be readily copied; or

   (b)  a storage device the information in which can be readily copied-

under section 61BC, the authorised officer, on request by a person at the
premises, must give a copy of the thing or information to the person as soon
as practicable after the seizure.

(2) The authorised officer may refuse a request under subsection (1) if-

   (a)  the Director is satisfied that the work involved in copying the thing
        or information would substantially and unreasonably-

   (i)  divert the resources of the Office of Police Integrity from its other
        operations; or

   (ii) interfere with the performance of the Director's functions; or

   (b)  the Director is of the opinion that it is not in the public interest
        to give a copy of the thing or information to the person.

(3) An authorised officer must not refuse a request under subsection (1),
unless the authorised officer has-

   (a)  given the person who made the request a written notice stating an
        intention to refuse the request; and

   (b)  given the person a reasonable opportunity to make a further request
        for a copy of the thing or information in a form that would remove the
        ground for refusal; and

   (c)  as far as is reasonably practicable, provided the person with any
        information that would assist the making of the further request in
        such a form.

(4) An authorised officer is not required to provide any information under
subsection (3)(c) if the Director is of the opinion that it is not in the
public interest for the information to be provided.

(5) If an authorised officer refuses a request under subsection (1)-

   (a)  the authorised officer must provide a receipt for the thing seized;
        and

   (b)  the Director, on request by the chief executive of the public
        authority at whose premises the thing was seized, must permit the
        chief executive to have access to the thing or information unless the
        Director is of the opinion that it is not in the public interest for
        the chief executive to have access.

(6) The Director must not refuse a request for access under subsection (5)(b),
unless the Director has-

   (a)  given the chief executive a written notice stating an intention to
        refuse to give access; and

   (b)  given the chief executive a reasonable opportunity to make a further
        request for access in a form that would remove the ground for refusal;
        and

   (c)  as far as is reasonably practicable, provided the chief executive with
        any information that would assist the making of the further request in
        such a form.

(7) The Director is not required to provide any information under subsection
(6)(c) if the Director is of the opinion that it is not in the public interest
for the information to be provided.

(8) For the avoidance of doubt, an authorised officer or the Director is not
required to give reasons for refusing a request under this section.