Victorian Numbered Acts Victorian Numbered ActsFor Part IA of the Principal Act substitute —
(1) There is to be an Office of the Victorian Information Commissioner.
(2) The Office of the Victorian Information Commissioner consists of—
(a) the Information Commissioner; and
(b) the Public Access Deputy Commissioner; and
(c) the Privacy and Data Protection Deputy Commissioner appointed under section 8H of the Privacy and Data Protection Act 2014 ; and
(d) the staff employed and other persons engaged under section 6Q.
(3) Except where expressly provided in this Act or the Privacy and Data Protection Act 2014 —
(a) the Information Commissioner is not subject to the direction or control of the Minister in respect of the performance of the Information Commissioner's duties and functions and the exercise of the Information Commissioner's powers; and
(b) the Public Access Deputy Commissioner is not subject to the direction or control of the Minister in respect of the performance of the Deputy Commissioner's duties and functions and the exercise of the Deputy Commissioner's powers.
(1) The Governor in Council, on the recommendation of the Minister, may appoint an eligible person as the Information Commissioner.
(2) The following persons are not eligible to be appointed as the Information Commissioner—
(a) a person who is a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory;
(b) a person who is a member of a council.
(3) A person may hold office as Information Commissioner for not more than 2 terms (whether consecutive terms or otherwise).
(1) The Governor in Council may appoint an eligible person as the Public Access Deputy Commissioner.
(2) A person is not eligible for appointment as the Public Access Deputy Commissioner if the person is—
(a) a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or
(b) a member of a council.
(3) A person may hold office as Public Access Deputy Commissioner for not more than 2 terms (whether consecutive terms or otherwise).
(1) The appointment of the Information Commissioner is to be for the period, not exceeding 5 years, set out in the instrument of appointment.
(2) Subject to this Part, the Information Commissioner holds office on the terms and conditions determined by the Governor in Council.
(3) Subject to section 6C(3), the Information Commissioner may be reappointed.
(4) The Information Commissioner is entitled to leave of absence as determined by the Governor in Council.
(5) The Information Commissioner must not directly or indirectly engage in paid employment outside the duties of the office of Information Commissioner.
(6) The Public Administration Act 2004 does not apply to the Information Commissioner in respect of the Office of the Victorian Information Commissioner except as provided for in section 16 of that Act.
(1) The appointment of the Public Access Deputy Commissioner is to be for the period, not exceeding 5 years, set out in the instrument of appointment.
(2) Subject to this Part, the Public Access Deputy Commissioner holds office on the terms and conditions determined by the Governor in Council.
(3) Subject to section 6D(3), the Public Access Deputy Commissioner may be reappointed.
(4) The Public Access Deputy Commissioner is entitled to leave of absence as determined by the Governor in Council.
(5) The Public Access Deputy Commissioner must not directly or indirectly engage in paid employment outside the duties of the office of Public Access Deputy Commissioner.
(1) The Information Commissioner has the following functions—
(a) the functions set out in section 6I;
(b) any other functions conferred on the Information Commissioner by or under this Act;
(c) the functions conferred on the Information Commissioner by or under the Privacy and Data Protection Act 2014 or any other Act.
(2) The Information Commissioner must perform functions and exercise powers under this or any other Act with as little formality and technicality as possible.
(1) The Public Access Deputy Commissioner has the functions set out in section 6I(2) and any function conferred on the Information Commissioner under this Act other than—
(a) a function conferred on the Information Commissioner by or under the Privacy and Data Protection Act 2014 or any other Act; or
(b) a function of the Information Commissioner referred to in section 6I(1); or
(c) a function of the Information Commissioner referred to in section 6R; or
(d) issuing directions under section 6S; or
(e) a function of the Information Commissioner referred to in section 63G.
(2) The Public Access Deputy Commissioner must perform functions and exercise powers under this or any other Act with as little formality and technicality as possible.
(1) The Information Commissioner has the following functions—
(a) to employ staff and engage contractors under section 6Q;
(b) to develop and review professional standards in accordance with Part IB;
(c) to make reports in accordance with Division 3 of Part VII;
(d) to provide advice, at the request of the Minister, about the operation and administration of this Act;
(e) to conduct investigations under Part VIB.
(2) The Information Commissioner and the Public Access Deputy Commissioner each have the following functions—
(a) to promote understanding and acceptance by agencies and the public of this Act and the object of this Act;
(b) to provide advice, education and guidance to agencies and the public in relation to compliance with the professional standards;
(c) to monitor compliance with professional standards;
(d) in accordance with Division 1 of Part VI, to conduct reviews of decisions by agencies and Ministers on requests;
(e) in accordance with Part VIA, to receive and handle complaints;
(f) to provide advice, education and guidance to agencies and the public in relation to the Information Commissioner's functions.
If a function may be performed by the Information Commissioner and the Public Access Deputy Commissioner, that function may be performed by—
(a) the Information Commissioner; or
(b) the Public Access Deputy Commissioner; or
(c) the Information Commissioner and the Public Access Deputy Commissioner.
(1) The Information Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Information Commissioner's functions.
(2) The Public Access Deputy Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Deputy Commissioner's functions.
(1) The Information Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.
(2) The Public Access Deputy Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council.
(1) The Information Commissioner ceases to hold office if the Information Commissioner—
(a) resigns by notice in writing delivered to the Minister; or
(b) becomes an insolvent under administration; or
(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or
(e) nominates for election as a member of a council; or
(f) is removed from office under section 6N.
(2) The Public Access Deputy Commissioner ceases to hold office if the Deputy Commissioner—
(a) resigns by notice in writing delivered to the Minister; or
(b) becomes an insolvent under administration; or
(c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or
(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or
(e) nominates for election as a member of a council; or
(f) is removed from office under section 6O.
(3) A resignation under subsection (1)(a) or (2)(a) takes effect on—
(a) the day on which it is received by the Minister; or
(b) if a later day is specified in the notice, on that day.
(1) The Governor in Council, on the advice of the Minister, may suspend the Information Commissioner from office on any ground on which the Governor in Council is satisfied that the Commissioner is unfit to hold office.
(2) The Minister must cause a full statement of the grounds of suspension to be presented to each House of Parliament within 7 sitting days of that House after the suspension.
(3) The Information Commissioner must be removed from office by the Governor in Council if each House of Parliament, within 20 sitting days after the day on which the statement is presented to it, declares by resolution that the Commissioner ought to be removed from office.
(4) The Governor in Council must remove the suspension and restore the Information Commissioner to office unless each House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection.
(5) If the Information Commissioner is suspended from office under subsection (1), the Information Commissioner is taken not to be the Information Commissioner during the period of suspension.
(1) The Governor in Council, on the recommendation of the Minister, may suspend or remove the Public Access Deputy Commissioner from office on any of the following grounds—
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the duties of the office;
(d) any other ground on which the Governor in Council is satisfied that the Public Access Deputy Commissioner should not hold office.
(2) If the Public Access Deputy Commissioner is removed from office, the Minister must cause a full statement of the grounds for removal to be presented to each House of Parliament within 10 sitting days of that House after the removal.
(1) The Governor in Council, on the recommendation of the Minister, may appoint an eligible person to act as the Information Commissioner—
(a) during a vacancy in the office of the Information Commissioner; or
(b) during any period, or all periods, when the Information Commissioner is absent from duty or from the State or, for another reason, cannot perform the functions of the office.
(2) The Governor in Council, on the recommendation of the Minister, may appoint an eligible person to act as the Public Access Deputy Commissioner—
(a) during a vacancy in the office of the Public Access Deputy Commissioner; or
(b) during any period, or all periods, when the Public Access Deputy Commissioner is absent from duty or from the State or, for another reason, cannot perform the functions of the office.
(3) A person is not eligible for appointment to act as the Information Commissioner or the Public Access Deputy Commissioner if the person is—
(a) a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or
(b) a member of a council.
(4) An appointment under subsection (1) or (2) is for the period, not exceeding 12 months, set out in the instrument of appointment.
(5) The Governor in Council, on the recommendation of the Minister, may at any time remove the acting Information Commissioner or the acting Public Access Deputy Commissioner from office.
(6) While a person is acting in the office of the Information Commissioner or the Public Access Deputy Commissioner, the person—
(a) has, and may exercise, all the powers and must perform all the duties of that office under this Act and any other Act; and
(b) is entitled to be paid the remuneration and allowances that the Information Commissioner or Public Access Deputy Commissioner would have been entitled to for performing those duties.
The Information Commissioner may—
(a) employ under Part 3 of the Public Administration Act 2004 any employees that are necessary for the purposes of the Information Commissioner's functions under this Act or the Privacy and Data Protection Act 2014 ; and
(b) engage any contractor, agent or other person to assist the Information Commissioner in the performance of the Information Commissioner's functions under this Act or the Privacy and Data Protection Act 2014 .
(1) The Information Commissioner may by instrument delegate to the Public Access Deputy Commissioner or any member of staff any of the Information Commissioner's functions and powers under this Act except—
(a) the power to employ staff and engage contractors or other persons under section 6Q; or
(b) the power to make a fresh decision under section 49P on a review under Part VI; or
(c) the power to make recommendations under section 61L in relation to a complaint under Part VIA; or
(d) the power to prepare a report under Part VII; or
(e) this power of delegation.
(2) The Information Commissioner may by instrument delegate only to the Public Access Deputy Commissioner the power to undertake an investigation.
(3) The Information Commissioner may by instrument delegate to the Public Access Deputy Commissioner or any member of staff a function or power conferred on the Information Commissioner by or under any other Act except—
(a) a function or power conferred on
the Information Commissioner by or under the Privacy and Data Protection
Act
2014 ; or
(b) a function or power relating to information privacy, protective data security or law enforcement data security conferred on the Information Commissioner by or under any other Act.
(4) With the written consent of the Information Commissioner, the Public Access Deputy Commissioner may by instrument delegate to any member of staff any of the Deputy Commissioner's functions and powers (including any power delegated to the Deputy Commissioner under subsection (1)) except—
(a) the power to make a fresh decision under section 49P on a review under Part VI; or
(b) the power to make recommendations under section 61L in relation to a complaint under Part VIA; or
(c) this power of delegation.
The Information Commissioner may issue directions to the Public Access Deputy Commissioner or to any member of staff in relation to the performance of functions under this Act other than in relation to the following—
(a) the review of a decision under section 49P;
(b) the consideration of a complaint under section 61L.
An act or decision of the Information Commissioner, Public Access Deputy Commissioner or acting Information Commissioner or acting Public Access Deputy Commissioner is not invalid only because—
(a) of a defect or irregularity in or in connection with the appointment of the Information Commissioner, Public Access Deputy Commissioner or acting Information Commissioner or acting Public Access Deputy Commissioner; or
(b) in the case of an acting Information Commissioner or acting Public Access Deputy Commissioner, that the occasion for so acting had not arisen or had ceased.".