Victorian Numbered Acts Victorian Numbered ActsAfter section 85 of the Victorian Inspectorate Act 2011 insert —
(1) The Victorian Inspectorate may at any time make recommendations to the Information Commissioner in relation to any action that the Victorian Inspectorate considers should be taken.
(2) Without limiting subsection (1), the Victorian Inspectorate may recommend taking action—
(a) to prevent specified conduct from continuing or occurring in the future; and
(b) to remedy any harm or loss arising from the conduct of any officer of the Office of the Victorian Information Commissioner.
(3) The Victorian Inspectorate may at any time make recommendations to the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner—
(a) to prevent specified conduct from continuing or occurring in the future; or
(b) in relation to any action that the Victorian Inspectorate considers should be taken.
(4) Without limiting subsection (3), the Victorian Inspectorate may recommend taking action to remedy any harm or loss arising from the conduct of the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner.
(5) A recommendation to the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner which is not contained in a report must be made in private.
(6) Subsection (5) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner has failed to take appropriate action in relation to the recommendation.
(7) The Victorian Inspectorate may require the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner to give a report to the Victorian Inspectorate, within a reasonable specified time, stating—
(a) whether or not the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner has taken, or intends to take, action recommended by the Victorian Inspectorate; and
(b) if the Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner has not taken the recommended action, or does not intend to take the recommended action, the reason for not taking or intending to take the action.
(8) The Information Commissioner, the Privacy and Data Protection Deputy Commissioner or the Public Access Deputy Commissioner must comply with a requirement of the Victorian Inspectorate under subsection (7).
(1) The Victorian Inspectorate may at any time recommend in private to the Information Commissioner the undertaking of a disciplinary process or action against any officer of the Office of the Victorian Information Commissioner other than the Information Commissioner.
(2) Subsection (1) does not limit the power of the Victorian Inspectorate to make a public recommendation if the Victorian Inspectorate considers that the Information Commissioner has failed to take appropriate action in relation to the recommendation.
(3) If the Victorian Inspectorate is satisfied that any conduct of any officer of the Office of the Victorian Information Commissioner which has been the subject of a complaint, investigation or other finding should be the subject of any further investigatory or enforcement action, the Victorian Inspectorate may make a recommendation to that effect to any or all of the following—
(a) the Chief Commissioner of Police;
(b) the Director of Public Prosecutions;
(c) the Australian Federal Police;
(d) the IBAC;
(e) the Victorian WorkCover Authority;
(f) any other person or body prescribed for the purposes of this subsection.".