Victorian Numbered Acts Victorian Numbered ActsFor section 64 of the Principal Act substitute —
(1) As soon as practicable after the end of each financial year, the Freedom of Information Commissioner must prepare an annual report on the operation of this Act during that year.
(2) The report must contain information relating to the following for the relevant year—
(a) the number of requests made to each agency and to each Minister;
(b) the number of decisions that an applicant was not entitled to access to a document on a request, the provisions of this Act under which these decisions were made and the number of times each provision was invoked;
(c) the name and designation of each officer of an agency with authority to make a decision in relation to a request, and the number of decisions made by each officer that an applicant was not entitled to access to a document pursuant to a request;
(d) the number of applications for review of a decision by the Freedom of Information Commissioner under Division 1 of Part VI and the decisions on the applications;
(e) the number of applications to the Tribunal under section 50 and in respect of each application—
(i) the decision of the Tribunal; and
(ii) the
details of any other order made by the Tribunal; and
s. 30
(iii) if the decision in respect of which the application was made was a decision that an applicant is not entitled to access to a document in accordance with a request, the provision of this Act under which the first-mentioned decision was made;
(f) the number of complaints made to the Freedom of Information Commissioner under Part VIA;
(g) the number of notices served on the principal officer of an agency under section 12(1) and the number of decisions by the principal officer under that section that are adverse to a person's claim;
(h) details of any disciplinary action taken against any officer in respect of the administration of this Act;
(i) details of any recommendations made by the Freedom of Information Commissioner under Part VIA;
(j) the amount of any charges collected by each agency and Minister under this Act;
(k) details of any reading room or other facility provided by the agency or Minister for use by applicants or members of the public, and the publications, documents or other information regularly on display in that reading room or other facility;
(l) details of any difficulties met in the administration of this Act in relation to staffing and costs;
(m) any other facts that indicate an
effort by the agency or Minister to administer and implement the spirit and
intention of this Act.
s. 30
(3) The report may include a report on the performance and exercise of the Freedom of Information Commissioner's functions and powers under this Act.
(4) The report must fairly, fully and accurately set out the response of an agency, Minister, person or body in relation to a recommendation referred to in subsection (2)(i).
(5) The Freedom of Information Commissioner must transmit the annual report for a year to each House of the Parliament to be laid before that House on the same day that the annual report of the Freedom of Information Commissioner under the Financial Management Act 1994 for that year is laid before that House.
(1) The Freedom of Information Commissioner must report to the Accountability and Oversight Committee of the Parliament—
(a) on the number of times that relevant Ministers have made statements under section 65AB; and
(b) if there have been 4 or more successful applications to the Supreme Court or the Tribunal by agencies against decisions of the Freedom of Information Commissioner in a 12 month period.
(2) A report under subsection (1)(b) must—
(a) set out a summary of the cases and the reasons for the determination of the Supreme Court or the Tribunal in each case; and
(b) be made as soon as practicable after every 4 successful applications in the 12 month period.
(3) A report is not required to set out a summary of a case if a summary of that case has been included in an earlier report under subsection (1)(b).
An agency or Minister must give the Freedom of Information Commissioner any information referred to in section 64(2) in relation to the agency or Minister.".