Victorian Numbered Acts

FREEDOM OF INFORMATION AMENDMENT (OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER) ACT 2017 (NO. 20 OF 2017) - SECT 13

    (1)     After section 29A(1C) of the Principal Act insert —

    "(1D)     In deciding whether a document is an exempt document under this section, an agency or Minister, if practicable, must—

        (a)     notify any of the following that are relevant that the agency or Minister has received a request for access to the document—

              (i)     another agency or Minister;

              (ii)     an agency of another country or the Commonwealth or another State or a Territory;

              (iii)     an authority of another country or the Commonwealth or another State or a Territory; and

        (b)     seek the view of that agency, authority or Minister as to whether the document should be disclosed.".

    (2)     For section 29A(2) of the Principal Act substitute —

    "(2)     For the purposes of this Act—

        (a)     a certificate signed by a Department Head or the Chief Commissioner of Police certifying that a document as described in a request is or, if it existed, would be one of a kind referred to in subsection (1), (1A) or (1B) establishes that the document is or, if it existed, would be an exempt document;

        (b)     a certificate signed by a Department Head or the Chief Commissioner of Police certifying that a document as described in a notice to produce or attend is or, if it existed, would be one of a kind referred to in subsection (1), (1A) or (1B) establishes that the document is or, if it existed, would be an exempt document;

        (c)     a certificate signed by a Department Head or the Chief Commissioner of Police certifying that information described in a notice to produce or attend would, if included in a document, make that document one of a kind referred to in subsection (1), (1A) or (1B), establishes that the information described is information that if included in a document would make that document an exempt document.".

    (3)     For section 29A(3) of the Principal Act substitute —

    "(3)     The Information Commissioner must not conduct a review, handle a complaint or conduct an investigation in respect of—

        (a)     a certificate under subsection (2); or

        (b)     a question whether a document is, or whether a document including the information would be, of a kind referred to in subsection (1), (1A) or (1B); or

        (c)     a decision to sign a certificate under subsection (2).".