Victorian Numbered Acts Victorian Numbered ActsAt the end of the Principal Act insert —
" Schedule 1—Transitional provisions—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017
In this Schedule—
"commencement day" means the day on which Part 2 of the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017 comes into operation.
On the commencement day—
(a) the office of the Freedom of Information Commissioner is abolished and the person holding that office and any person acting in that office go out of office; and
(b) all rights, property and assets that, immediately before that day, were vested in the office of the Freedom of Information Commissioner are, by force of this clause, vested in the Office of the Victorian Information Commissioner; and
(c) all debts, liabilities and obligations of the office of the Freedom of Information Commissioner existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the Office of the Victorian Information Commissioner; and
(d) the Information Commissioner is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the Freedom of Information Commissioner was a party immediately before that day; and
(e) the Information Commissioner is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the Freedom of Information Commissioner as a party and in force immediately before that day.
On the commencement day any reference to the Freedom of Information Commissioner or Assistant Commissioner in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document (by whatever name called or however described) must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject matter, be construed as a reference to the Information Commissioner.
On the commencement day, any staff employed under Part 3 of the Public Administration Act 2004 immediately before the commencement day by the Freedom of Information Commissioner are taken to be employed by the Information Commissioner under section 6Q of this Act.
This Act as in force immediately before the commencement day continues to apply in relation to a request made under section 17 but not determined before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.
This Act as in force immediately before the commencement day continues to apply in relation to a request made under section 39 but not determined before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.
This Act as in force immediately before the commencement day continues to apply in relation to an application for review made under Division 1 of Part VI but not determined before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.
Section 50(5) as in force before the commencement day continues to apply to a certificate issued under section 28(4) before the commencement day.
This Act as in force immediately before the commencement day continues to apply in relation to any complaint that was made under Part VIA but in respect of which a determination had not been made under section 61B or 61C before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.
This Act as in force immediately before the commencement day continues to apply in relation to any complaint that was made under Part VIA and accepted under section 61B before the commencement day as if any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner.
(1) Section 62 and 63 as in force immediately before the commencement day—
(a) continue to apply in relation to the provision of access to a document before the commencement day; and
(b) apply in relation to the provision of access to a document on or after the commencement day under any other provision of this Act continued by this Schedule.
(2) Section 63A as in force immediately before the commencement day—
(a) continues to apply in relation to anything done before the commencement day; and
(b) applies in relation to the performance on or after the commencement day of functions under Parts VI and VIA as continued by this Schedule as if for subsection (1)(a) to (c) there were substituted—
(a) the Information Commissioner;
(b) a member of staff of the Office of the Victorian Information Commissioner;
(c) a contractor, agent or other person acting for or on behalf of the Information Commissioner.
(3) Section 63B as in force immediately before the commencement day continues to apply in relation to anything done before the commencement day.
Division 2 of Part VII as in force immediately before the commencement day applies to any review conducted or any dealing with a complaint on or after the commencement day under any other provision of this Act that is continued by this Schedule as if—
(a) any reference to the Freedom of Information Commissioner or the Assistant Commissioner were a reference to the Information Commissioner; and
(b) any reference to a person referred to in section 6J were a reference to a person referred to in section 6Q.
A person cannot lodge a complaint under this Act as in force on and after the commencement day if the person had already lodged a complaint in respect of the same matter under this Act before the commencement day.
(1) This clause applies if—
(a) a reporting period has ended before the commencement day; and
(b) the Freedom of Information Commissioner has not prepared an annual report referred to in section 64 for that reporting period before that day.
(2) The Information Commissioner must prepare an annual report for the reporting period in accordance with section 64.
(3) The annual report may be prepared as a composite report with the report prepared under clause 12 of Schedule 3 to the Privacy and Data Protection Act 2014 .
(4) In this clause—
"reporting period" means the period commencing on 1 July in any year and ending on 30 June in the following year.
(1) This clause applies if a reporting period ends on or after the commencement day.
(2) On and after the commencement day, the Information Commissioner must prepare a report in accordance with section 64 for the part of the reporting period occurring before the commencement day and include that report in the Information Commissioner's first report under that section after the end of the reporting period.
(3) In this clause—
"reporting period" means the period commencing on 1 July in any year and ending on 30 June in the following year.
(1) This clause applies if the Freedom of Information Commissioner has not prepared a report referred to in section 64A before the commencement day.
(2) On and after the commencement day, the
Information Commissioner must prepare the report in accordance with section
64A as in force before the commencement day.".
Part 3—Amendment of Privacy and Data Protection Act 2014