Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FREEDOM OF INFORMATION AMENDMENT (OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER) ACT 2017 (NO. 20 OF 2017) - SECT 16

Document affecting personal privacy

    (1)     After section 33(2A) of the Principal Act insert

    "(2B)     An agency or Minister, in deciding whether the disclosure of a document under this Act would involve the unreasonable disclosure of information relating to the personal affairs of any person, must—

        (a)     notify the person who is the subject of that information (or if that person is deceased, that person's next of kin) that the agency or Minister has received a request for access to the document; and

        (b)     seek that person's view as to whether disclosure of the document should occur; and

        (c)     state that if the person consents to disclosure of the document, or disclosure subject to deletion of information relating to the personal affairs of the person, the person is not entitled to apply to the Tribunal for review of a decision to grant access to that document.

    (2C)     Despite subsection (2B), an agency or Minister is not required to notify a person if—

        (a)     the notification would be reasonably likely to endanger the life or physical safety of that person, or cause that person undue distress, or is otherwise unreasonable in the circumstances; or

        (b)     it is not practicable to do so.".

    (2)     For section 33(3) of the Principal Act substitute

    "(3)     If a request by a person other than a person referred to in subsection (2) is made to an agency or Minister for access to a document containing information relating to the personal affairs of any person (including a deceased person) and the agency or Minister decides to grant access to the document, the agency or Minister, if practicable, must notify the person who is the subject of that information (or that person's next of kin) of the—

        (a)     decision to grant access to the document; and

        (b)     right to make an application for review of the decision provided by section 50(3).

    (3A)     An agency or Minister is not required to notify a person who has consented to disclosure of a document, or a document with deletions, of the decision to disclose that document or document with deletions (as the case requires).".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback