Victorian Numbered Acts

FREEDOM OF INFORMATION AMENDMENT (OFFICE OF THE VICTORIAN INFORMATION COMMISSIONER) ACT 2017 (NO. 20 OF 2017) - SECT 120

After section 63(8) of the Victorian Inspectorate Act 2011 insert —

    "(9)         Subject to subsection (10), if the Victorian Inspectorate considers on reasonable grounds there are documents that are relevant to an inquiry in relation to an officer of the Office of the Victorian Information Commissioner which are on the premises of the Office of the Victorian Information Commissioner, the Victorian Inspectorate may authorise a Victorian Inspectorate Officer, with such assistance as the Victorian Inspectorate Officer thinks fit, and after notifying the Information Commissioner to—

        (a)     enter those premises at any time; and

        (b)     search those premises for documents that are relevant to the inquiry; and

        (c)     inspect or copy any document found at those premises; and

        (d)     seize any document found at those premises that is relevant to the inquiry and keep it until the Victorian Inspectorate has completed its inquiry.

    (10)     The Victorian Inspectorate must not exercise the power conferred by subsection (9) unless the Victorian Inspectorate considers on reasonable grounds that the officer of the Office of the Victorian Information Commissioner has wilfully failed to give assistance in accordance with section 48(5).".