Victorian Current Acts Victorian Current Acts(1) In this Act, except insofar as the context or subject-matter otherwise indicates or requires—
S. 5(1) def. of agency amended by Nos 58/1993 s. 16(a), 11/2021 s. 140(2).
"agency" means a department, council or a prescribed authority;
"applicant" means a person who has made a request in accordance with section 17 or has applied under section 12(1) for a statement published by a principal officer to be altered;
S. 5(1) def. of assessable disclosure inserted by No. 2/2019 s. 108(1).
assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012 ;
S. 5(1) def. of Assistant Commis-sioner inserted by No. 59/2014 s. 3, repealed by No. 20/2017 s. 4(d).
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S. 5(1) def. of authorised Hub entity inserted by No. 11/2018 s. 44.
authorised Hub entity has the meaning given in the Family Violence Protection Act 2008 ;
S. 5(1) def. of authorised legal representative inserted by No. 11/2021 s. 140(1).
"authorised legal representative" of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;
S. 5(1) def. of Board of Inquiry inserted by No. 67/2014 s. 147(Sch. 2 item 18.1(a)).
"Board of Inquiry" has the same meaning as in the Inquiries Act 2014 ;
S. 5(1) def. of business day inserted by No. 59/2014 s. 3.
"business day" means a day other than a Saturday, a Sunday or a public holiday or half-holiday appointed under the Public Holidays Act 1993 ;
S. 5(1) def. of child inserted by No. 20/2017 s. 4(a).
"child" means a person under the age of 18 years;
S. 5(1) def. of closed meeting inserted by No. 58/1993 s. 16(b), repealed by No. 9/2020 s. 390(Sch. 1 item 44.1(a)).
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S. 5(1) def. of confidentiality notice inserted by No. 2/2019 s. 108(1).
"confidentiality notice" means a notice issued by the Information Commissioner under section 61TJ(1);
S. 5(1) def. of council inserted by No. 58/1993 s. 16(b), amended by No. 9/2020 s. 390(Sch. 1 item 44.1(b)).
"council" has the same meaning as in section 3(1) of the Local Government Act 2020 ;
S. 5(1) def. of Court Services Victoria inserted by No. 1/2014 s. 66(b).
"Court Services Victoria" means Court Services Victoria established under section 5 of the Court Services Victoria Act 2014 ;
S. 5(1) def. of department substituted by Nos 10046 s. 32(a), 58/1993 s. 4, 46/1998 s. 7(Sch. 1), amended by Nos 108/2004 s. 117(1) (Sch. 3 item 84(a)), 37/2014 s. 10(Sch. item 69.1).
"department" means a department within the meaning of the Public Administration Act 2004 or an office or body specified in section 16(1) of that Act;
S. 5(1) def. of destroy inserted by No. 11/2021 s. 140(1).
"destroy", in relation to a document provided to the Information Commissioner, or by the Information Commissioner to a person, by secure electronic means, means—
(a) to permanently delete the electronic communication from—
(i) all information systems on which the Information Commissioner held or stored that received document; and
(ii) all information systems on which the person who was provided with the document from the Information Commissioner held or stored that document; and
(b) to destroy any hard copy of the document;
S. 5(1) def. of document amended by No. 30/2006 s. 19(1).
"document" includes, in addition to a document in writing—
(a) any book map plan graph or drawing; and
(b) any photograph; and
(c) any label marking or other writing which identifies or describes any thing of which it forms part, or to which it is attached by any means whatsoever; and
(d) any disc tape sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
(e) any film negative tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and
(f) anything whatsoever on which is marked any words figures letters or symbols which are capable of carrying a definite meaning to persons conversant with them; and
(g) any copy, reproduction or duplicate of any thing referred to in paragraphs (a) to (f); and
(h) any part of a copy, reproduction or duplicate referred to in paragraph (g)—
but does not include such library material as is maintained for reference purposes;
"document of an agency" or document of the agency means a document in the possession of an agency, or in the possession of the agency concerned, as the case requires, whether created in the agency or received in the agency;
S. 5(1) def. of domestic partner inserted by No. 2/2019 s. 108(1).
"domestic partner" of a person means—
(a) a person who is in a registered relationship with the person; or
Note
A registered relationship is defined in subsection (5).
(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);
S. 5(1) def. of enactment amended by No. 12/1989 s. 4(1)(Sch. 2 item 46.1).
"enactment" means an Act or an instrument (including rules, regulations, local laws or by-laws) made under an Act;
"exempt document" means—
(a) a document which, by virtue of a provision of Part IV, is an exempt document; or
(b) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a department;
"exempt matter" means matter the inclusion of which in a document causes the document to be an exempt document;
S. 5(1) def. of family violence inserted by No. 23/2017 s. 23.
family violence has the meaning given in the Family Violence Protection Act 2008 ;
S. 5(1) def. of Formal Review inserted by No. 67/2014 s. 147(Sch. 2 item 18.1(a)).
"Formal Review" has the same meaning as in the Inquiries Act 2014 ;
S. 5(1) def. of Freedom of Information Commis-sioner inserted by No. 6/2012 s. 4, repealed by No. 20/2017 s. 4(d).
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S. 5(1) def. of health information inserted by No. 2/2001 s. 101(1)(a).
"health information" has the same meaning as in the Health Records Act 2001 ;
S. 5(1) def. of Health Complaints Commis-sioner inserted by No. 22/2016 s. 171(b).
"Health Complaints Commissioner" means the Commissioner within the meaning of the Health Complaints Act 2016 ;
S. 5(1) def. of Health Services Commis-sioner inserted by No. 2/2001 s. 101(1)(a), repealed by No. 22/2016 s. 171(a).
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S. 5(1) def. of IBAC inserted by No. 20/2017 s. 4(a).
"IBAC" means the Independent Broad-based Anti-corruption Commission
established under section 12 of the Independent Broad-based
Anti-corruption
Commission Act 2011 ;
S. 5(1) def. of Information Commis-sioner inserted by No. 20/2017 s. 4(a).
"Information Commissioner "means the Information Commissioner appointed under section 6C;
S. 5(1) def. of information sharing entity inserted by No. 23/2017 s. 23, repealed by No. 11/2018 s. 33.
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S. 5(1) def. of information system inserted by No. 11/2021 s. 140(1).
"information system" has the same meaning as in the Electronic Transactions (Victoria) Act 2000 ;
S. 5(1) def. of investigation inserted by No. 20/2017 s. 4(a).
"investigation "means an investigation under Part VIB;
S. 5(1) def. of legal practitioner inserted by No. 20/2017 s. 4(a).
"legal practitioner" means an Australian legal practitioner;
S. 5(1) def. of member of staff inserted by No. 20/2017 s. 4(a).
"member of staff", of the Office of the Victorian Information Commissioner, means a person employed or engaged under section 6Q;
S. 5(1) def. of Ministerial Council inserted by No. 13/2022 s. 67(1).
"Ministerial Council" means a body (however described) that consists of the Minister of the Commonwealth and the Minister of each State and Territory, each of whom is principally responsible for companies and securities;
S. 5(1) def. of Ministerial professional standards inserted by No. 20/2017 s. 4(a).
"Ministerial professional standards" means professional standards adopted under section 6Y(1);
S. 5(1) def. of notice to produce or attend inserted by No. 20/2017 s. 4(a).
"notice to produce or attend" means a notice to produce or attend issued under section 49KB, 61I(4) or 61P(2), and includes a notice as varied under section 61V;
S. 5(1) def. of Office of the Victorian Information Commis-sioner inserted by No. 20/2017 s. 4(a).
"Office of the Victorian Information Commissioner" means the Office of the Victorian Information Commissioner established under section 6B ;
S. 5(1) def. of officer amended by Nos 58/1993 s. 16(c)(i)–(iii), 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 84(b)).
"officer"—
(a) in relation to an agency, other than a council, includes a member of the agency, a member of the staff of the agency, and any person employed by or for the agency, whether that person is one to whom the provisions of the Public Administration Act 2004 apply or not; and
(b) in relation to a council, includes a member of the council, a member of the staff of the council and any person employed by or for the council;
"official document of a Minister" or official document of the Minister means a document in the possession of a Minister, or in the possession of the Minister concerned, as the case requires, that relates to the affairs of an agency, and, for the purposes of this interpretation, a Minister shall be deemed to be in possession of a document that has passed from his possession if he is entitled to access to the document and the document is not a document of an agency;
"Ombudsman" means the Ombudsman appointed under the Ombudsman Act 1973 ;
S. 5(1) def. of prescribed authority amended by Nos 12/1989 s. 4(1)(Sch. 2 item 46.2), 58/1993 s. 16(d)(i)(ii), 67/2014 s. 147(Sch. 2 item 18.1(b)).
"prescribed authority" means—
(a) a body corporate established for a public purpose by, or in accordance with, the provisions of an Act, or a body unincorporate created by the Governor in Council or by a Minister, other than—
(i) an incorporated company or association;
(ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act;
(iii) a Royal Commission, Board of Inquiry or Formal Review;
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(v) a school council;
(b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being—
(i) an incorporated company or association or unincorporated body which is supported directly or indirectly by government funds or other assistance or over which the State is in a position to exercise control; or
(ii) a body established by or under an Act of Parliament;
(c) subject to subsection (3), the person holding, or performing the duties of, an office established by an Act; or
(d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor in Council, or by a Minister, otherwise than under an Act;
S. 5(1) def. of principal officer amended by Nos 10046 s. 32(b), 58/1993 s. 16(e), 46/1998 s. 7(Sch. 1), 12/1999 s. 4(Sch. 2 item 5.1), 108/2004 s. 117(1) (Sch. 3 item 84(c)), 1/2014 s. 66(a).
"principal officer" means—
(a) in relation to a department, the person employed as or performing the duties of the Department Head within the meaning of the Public Administration Act 2004 ; and
(aa) in relation to a council, the person holding, or performing the duties of, the office of chief administrative officer of the council (by whatever name called); and
(b) in relation to a prescribed authority—
(i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or
(ia) in the case of Court Services Victoria—the person holding the office or performing the duties of the Chief Executive Officer of Court Services Victoria; or
(ii) in any other case—the person who constitutes that authority or, if the authority is constituted by two or more persons, the person who is entitled to preside at any meeting of the authority at which he is present;
S. 5(1) def. of professional standards inserted by No. 20/2017 s. 4(a).
"professional standards" means standards published under section 6V(1), but does not include Ministerial professional standards;
S. 5(1) def. of Public Access Deputy Commis-sioner inserted by No. 20/2017 s. 4(a).
"Public Access Deputy Commissioner" means the Public Access Deputy Commissioner appointed under section 6D;
S. 5(1) def. of public interest complaint inserted by No. 2/2019 s. 108(1).
public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012 ;
"record" means a document containing information relating to the personal affairs of a person and includes a document containing information relating to the personal affairs of a deceased person;
"request" means a request made in accordance with section 17 ;
"responsible Minister" means—
(a) in relation to a department—the Minister administering the relevant department;
(b) in relation to a prescribed authority referred to in paragraph (a) of the interpretation of "prescribed authority"—the Minister administering the Act by which, or in accordance with the provisions of which, the prescribed authority is established;
(c) in relation to a prescribed authority referred to in paragraph (c) of that interpretation—the Minister administering the Act by which the office is established; or
(d) in relation to any other prescribed authority—the Minister declared by the regulations to be the responsible Minister in respect of that authority—or another Minister acting for and on behalf of that Minister;
S. 5(1) def. of restricted matter inserted by No. 2/2019 s. 108(1).
"restricted matter" means—
(a) any evidence or information given to, or obtained by, the Information Commissioner;
(b) the contents of any document produced to, or obtained by, the Information Commissioner;
(c) the existence of, or any information about, a confidentiality notice or a requirement under section 61U(1)(a) to attend an examination before the Information Commissioner;
(d) the subject matter of an investigation by the Information Commissioner;
(e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Information Commissioner, to be identified or located;
(f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Information Commissioner;
(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012 ;
(h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;
(i) the fact that the Information Commissioner intends to conduct an investigation on a public interest disclosure;
S. 5(1) def. of Royal Commission inserted by No. 67/2014 s. 147(Sch. 2 item 18.1(a)).
"Royal Commission" means—
(a) a Royal Commission established under the Inquiries Act 2014 ; or
(b) a Royal Commission established under the prerogative of the Crown;
S. 5(1) def. of spouse inserted by No. 2/2019 s. 108(1).
"spouse" of a person means a person to whom the person is married;
S. 5(1) def. of Tribunal inserted by No. 10155 s. 67(1)(a), substituted by No. 52/1998 s. 311(Sch. 1 item 32.1), amended by No. 20/2017 s. 4(b).
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
S. 5(1) def. of Victorian Inspectorate inserted by No. 20/2017 s. 4(c).
"Victorian Inspectorate" means the Victorian Inspectorate established under section 8 of the Victorian Inspectorate Act 2011 .
(2) An unincorporated body, being a board, council, committee, sub-committee or other body established by, or in accordance with the provisions of, an Act for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority.
(3) A person shall not be taken to be a prescribed authority by virtue of his holding, or performing the duties of—
(a) a prescribed office;
(b) an office the duties of which he performs as duties of his employment as an officer of a department or as an officer of or under a prescribed authority;
(c) an office or member of a body; or
(d) an office established by an enactment for the purposes of a prescribed authority.
S. 5(4) amended by No. 37/2014 s. 10(Sch. item 69.2).
(4) For the purposes of this Act, Victoria Police shall be deemed to be a prescribed authority.
S. 5(5) inserted by No. 2/2019 s. 108(2).
(5) For the purposes of the definition of domestic partner in subsection (1)—
(a) "registered relationship" has the same meaning as it has in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.