Section 63D - Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A
Extract of legislation
| 63D | Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A | ||
| (1) | This section applies to the production of a document that is claimed to be exempt under section 28, 29A, 31 or 31A. | ||
| (2) | The document may only be inspected at the premises of the agency which, or the Minister who, made the claim that the document is exempt. | ||
| (3) | The Information Commissioner is not entitled to possession of, or to make copies of, the document. | ||
| (4) | Despite subsections (2) and (3), at the request of the Information Commissioner, the document must be provided to the Information Commissioner for inspection by secure electronic means. | ||
| (5) | Subject to subsection (6), if the Information Commissioner has made a request under subsection (4), after the Information Commissioner has inspected the document, the Information Commissioner must— | ||
| (a) | destroy the document as soon as practicable after inspecting the document; and | ||
| (b) | advise the agency or the Minister in writing that the inspection of the document has been completed and the document has been destroyed. | ||
| (6) | If it is not reasonably practicable for the Information Commissioner to comply with subsection (5)(a), the Information Commissioner must— | ||
| (a) | ensure that the document is retained in a secure form; and | ||
| (b) | advise the agency or the Minister in writing that the inspection of the document has been completed and the document will be retained by the Information Commissioner in a secure form. | ||
During a review, complaint, or investigation, there are special requirements for providing the Office of the Victorian Information Commissioner (OVIC) with a document that an agency or Minister claims is exempt under:
- section 28 (Cabinet documents);
- section 29A (documents affecting national security, defence or international relations);
- section 31 (law enforcement documents); or
- section 31A (documents relating to IBAC).
If an agency or Minister claims the document is exempt under one or more of the sections listed above, the Information Commissioner may only inspect the document at the premises of the agency or Minister. The Information Commissioner is not entitled to possess or make a copy of the document.2 However, the Information Commissioner may request to inspect the document electronically.
OVIC may request to inspect the document electronically
The Information Commissioner can request to inspect a document claimed to be exempt under section 28, 29A, 31, or 31A, electronically.6
If the Information Commissioner requests electronic inspection, the agency or Minister must provide the document to OVIC by secure electronic means. OVIC provides a platform for agencies and Ministers to provide documents securely, by electronic means.
After the Information Commissioner inspects the document that has been provided electronically, the Information Commissioner must destroy the document and tell the agency or Minister in writing that the inspection is complete and the document is destroyed.7
If it is not reasonably practicable for the Information Commissioner to destroy the document, the Information Commissioner must ensure the document is retained securely and advise the agency or Minister that the inspection has been completed and the document will be retained securely.8
- Freedom of Information Act 1982 (Vic), section 63D(2).
- Freedom of Information Act 1982 (Vic), section 63D(2).
- Freedom of Information Act 1982 (Vic), section 63D(4).
- Freedom of Information Act 1982 (Vic), section 63D(5).
- Freedom of Information Act 1982 (Vic), section 63D(6).
- Freedom of Information Act 1982 (Vic), section 63D(4).
- Freedom of Information Act 1982 (Vic), section 63D(5).
- Freedom of Information Act 1982 (Vic), section 63D(6).
