Victorian Numbered Acts

INTEGRITY AND ACCOUNTABILITY LEGISLATION AMENDMENT (PUBLIC INTEREST DISCLOSURES, OVERSIGHT AND INDEPENDENCE) ACT 2019 (NO. 2 OF 2019) - SECT 108

    (1)     In section 5(1) of the Freedom of Information Act 1982 insert the following definitions—

" assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012 ;

"confidentiality notice" means a notice issued by the Information Commissioner under section 61TJ(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);

public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012 ;

"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;

"spouse" of a person means a person to whom the person is married;".

    (2)     After section 5(4) of the Freedom of Information Act 1982 insert —

    "(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.".