Section 64 - Reporting by Information Commissioner
Extract of legislation
| 64 | Reporting by Information Commissioner | |||
| (2) | In its report of operations for a financial year under Part 7 of the Financial Management Act 1994, the Information Commissioner must include 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 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 | |||
| (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 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 Information Commissioner under Part VIA; | |||
| (j) | the amount of any charges collected by each agency and Minister under this Act; | |||
| (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. | |||
| (3) | The report may include a report on the performance and exercise of the 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). | |||
| (6) | At least one business day before the report is laid before each House of the Parliament, the Information Commissioner must give an advance copy of the report to— | |||
| (a) | the Minister; and | |||
| (ab) | the Secretary to the Department of Justice and Community and Safety; and | |||
| (b) | the Secretary to the Department of Premier and Cabinet. | |||
1.1
Every financial year, the Office of the Victorian Information Commissioner (OVIC) prepares an annual report on its operations for that financial year under the Financial Management Act 1994 (Vic). The annual report also reports on the operation of the FOI Act for that year.2
Read annual reports of the Office of the Victorian Information Commissioner, the former Office of the Commissioner for Privacy and Data Protection, the former Office of the Freedom of Information Commissioner and historic annual reports on the operation of the FOI Act here.
Reporting on the operation of the Act
1.2
OVIC must report on the operation of the Act in its annual report. Section 64(2) lists the information that OVIC must include in an annual report when reporting on the operation of the Act for that financial year.
Example
Information that must be in the report includes:
- the number of requests made to each agency and to each Minister;15
- the number of decisions where an agency or Minister refused access to a document, the sections of the Act that the agency or Minister relied on to make those decisions, and the number of times the agency or Minister relied on each section;16
- the name and position of the person who has authority to make decisions in relation to a request and the number of decisions they made to refuse access to a document;17
- the number of review applications made to OVIC and the decisions on those applications;18
- the number of review applications to the Victorian Civil and Administrative Tribunal (VCAT), VCAT’s decisions on those applications, details of any VCAT orders, and the section of the Act relied on if the decision is to refuse access to a document;19
- the number of complaints made to OVIC;20
- the number of notices served on an agency’s Principal Officer requiring specification of documents in Part II statements under section 12(1);21
- details of any disciplinary action taken against any officer regarding the administration of the Act;22
- details of any recommendations made by the Information Commissioner under section 61L (if OVIC includes information about a recommendation it made under section 61L, OVIC must also fairly, fully, and accurately set out a response in relation to the recommendation);23
- the amount of any charges collected by each agency and each Minister under the Act;24
- details of any difficulties an agency or Minister met when administering the Act in relation to staffing and costs;25 and
- any other information that shows an agency or Minister implementing the spirit and intention of the Act (to promote the disclosure of information at the lowest reasonable cost).26
1.3
So that OVIC can report on the operation of the Act, OVIC requires agencies and Ministers to complete an online survey at the end of each financial year to collect this data.
Providing the annual report to Parliament
1.4
OVIC sends the annual report to Parliament to be tabled. At least one business day before sending the annual report to Parliament, OVIC must also give an advance copy of the annual report to the Minister and to the Secretary to the Department of Justice and Community Safety and the Secretary to the Department of Premier and Cabinet.28
- Freedom of Information Act 1982 (Vic), section 64(2).
- Freedom of Information Act 1982 (Vic), section 64(2).
- Freedom of Information Act 1982 (Vic), section 64(2)(a).
- Freedom of Information Act 1982 (Vic), section 64(2)(b).
- Freedom of Information Act 1982 (Vic), section 64(2)(c).
- Freedom of Information Act 1982 (Vic), section 64(2)(d).
- Freedom of Information Act 1982 (Vic), section 64(2)(e).
- Freedom of Information Act 1982 (Vic), section 64(2)(f).
- Freedom of Information Act 1982 (Vic), section 64(2)(g).
- Freedom of Information Act 1982 (Vic), section 64(2)(h).
- Freedom of Information Act 1982 (Vic), section 64(2)(i) and 64(4).
- Freedom of Information Act 1982 (Vic), section 64(2)(j).
- Freedom of Information Act 1982 (Vic), section 64(2)(l).
- Freedom of Information Act 1982 (Vic), section 64(2)(m).
- Freedom of Information Act 1982 (Vic), section 64(2)(a).
- Freedom of Information Act 1982 (Vic), section 64(2)(b).
- Freedom of Information Act 1982 (Vic), section 64(2)(c).
- Freedom of Information Act 1982 (Vic), section 64(2)(d).
- Freedom of Information Act 1982 (Vic), section 64(2)(e).
- Freedom of Information Act 1982 (Vic), section 64(2)(f).
- Freedom of Information Act 1982 (Vic), section 64(2)(g).
- Freedom of Information Act 1982 (Vic), section 64(2)(h).
- Freedom of Information Act 1982 (Vic), section 64(2)(i) and 64(4).
- Freedom of Information Act 1982 (Vic), section 64(2)(j).
- Freedom of Information Act 1982 (Vic), section 64(2)(l).
- Freedom of Information Act 1982 (Vic), section 64(2)(m).
- Freedom of Information Act 1982 (Vic), section 64(5) and (6).
- Freedom of Information Act 1982 (Vic), section 64(5) and (6).
