Victorian Numbered Acts Victorian Numbered ActsFor Part IB of the Principal Act substitute —
(1) The Information Commissioner may develop professional standards relating to—
(a) the conduct of agencies in performing functions under this Act; and
(b) the administration of this Act in relation to agencies and the operation of this Act by agencies.
(2) The professional standards may include standards for the processing of requests under this Act, including standards for—
(a) assistance for applicants in making requests; and
(b) identification of relevant documents; and
(c) consultation; and
(d) clear communication with applicants; and
(e) timely decision-making, including extending time for making decisions on requests.
(3) The professional standards must not be inconsistent with this Act.
(4) Before publishing professional standards under section 6V the Information Commissioner must—
(a) publish the draft professional standards on the Internet site of the Office of the Victorian Information Commissioner; and
(b) notify, in writing, principal officers of agencies and any other relevant person that—
(i) the draft professional standards have been published; and
(ii) submissions may be made to the Information Commissioner on or before the date specified in the notice.
(5) The date specified in a notice under subsection (4)(b) must be at least 28 days after the day on which the draft professional standards are published.
(6) The Information Commissioner must take into account all reasonable submissions made under this section relating to the draft professional standards before publishing them under section 6V.
(1) As soon as practicable after finalising draft professional standards in accordance with section 6U, the Information Commissioner must cause the professional standards to be published—
(a) in the Government Gazette; and
(b) on the Internet site of the Office of the Victorian Information Commissioner.
(2) Professional standards have effect on and after the later of the following—
(a) the date specified in the professional standards; or
(b) the date that is 20 business days after the day on which the professional standards are published in the Government Gazette.
(3) The Information Commissioner must cause a copy of the professional standards published under subsection (1) to be laid before each House of Parliament not more than 6 sitting days after the day on which the standards are published in the Government Gazette.
(1) Subject to subsection (3), the principal officer of an agency and any officer or employee of the agency concerned in the operation of this Act must comply with professional standards in performing the officer's or employee's functions under this Act.
(2) Subject to subsection (3), the principal officer of an agency must ensure that any officer or employee of the agency concerned in the operation of this Act complies with any professional standards in performing the officer's or employee's functions under this Act.
(3) Professional standards do not apply to a principal officer, officer or employee of an agency in making decisions in respect of requests made to a Minister, except as provided under section 6Y.
(4) A principal officer must ensure that all officers and employees of the agency are informed about the requirements of the professional standards.
(1) The Information Commissioner must review professional standards at least once in every 4-year period.
(2) The Information Commissioner may at any time amend professional standards.
(3) The requirements of sections 6U and 6V apply to any amendment of professional standards, other than typographical or similar amendments.
(1) The Premier, by notice published in the Government Gazette, may adopt professional standards (either wholly or with modifications) to be applied to Ministers.
(2) If the Premier adopts professional standards under subsection (1)—
(a) the professional standards as adopted have effect on and after the date stated in the notice; and
(b) the Premier must cause the professional standards as adopted to be published on the Internet site of the Department of Premier and Cabinet at least 20 business days before the date stated in the notice.
(3) The Premier must review Ministerial professional standards whenever the Information Commissioner reviews or amends professional standards under section 6X.
(4) The Premier may at any time amend Ministerial professional standards.
(5) The requirements of subsections (1) and (2) apply to any amendment of Ministerial professional standards, other than typographical or similar amendments.
(1) A Minister must comply with Ministerial professional standards in performing the Minister's functions under this Act.
(2) A person (including an officer of an agency) authorised to make decisions in respect of requests made to a Minister must comply with Ministerial professional standards in relation to that request.".