Section 61TI - Disclosure of information by Information Commissioner

The Office of the Victorian Information Commissioner (OVIC) may disclose information received or obtained in investigating a public interest complaint to a specific person or body if it considers:

• the information is relevant to the body’s performance and functions; and
• it is appropriate to be brought to that person or body’s attention, having regard to the nature of the information.⁶

• However, OVIC cannot provide or disclose information to a person or body if that person or body is the subject of a complaint and the information would be likely to identify the person who made the complaint.⁷ This is unless an exception in the Public Interest Disclosures Act 2012 (Vic)

OVIC may disclose information that is likely to lead to the identification of a person who made an assessable disclosure where:

• the person has given written consent to OVIC to disclose that information;⁸
• IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee decides the disclosure is not a public interest complaint and OVIC discloses the information after that decision;⁹
• an investigating entity publishes identifiable information in a report to Parliament or otherwise makes the information public (acting consistently with their confidentiality obligations) and OVIC discloses the information after that publication.¹⁰

The specific persons and bodies that the Information Commissioner may disclose information about a public interest complaint to include:

• IBAC;
• the Victorian Inspectorate;
• the Ombudsman;
• the Auditor-General;
• Victoria Police;
• the Director of Public Prosecutions;
• the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012 (Vic);
• the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 (Cth);
• the police force or police service of another State or a Territory;
• a prescribed person or body.

Section 61TI applies subject to any restriction on disclosure under the Act or any other Act, including a Commonwealth Act.¹³ For example, this section may yield to the confidentiality provisions contained in Part 7 of the Public Interest Disclosures Act 2012 (Vic).¹⁴