Section 51 - Information Commissioner may be called on to assist Tribunal

Extract of legislation

      
51
Information Commissioner may be called on to assist Tribunal

(1)
The Tribunal, on its own motion or on the application of the Information Commissioner, may call on the Commissioner to assist the Tribunal in respect of a review.

(1A)
If a review under section 50 relates to a decision made by the Public Access Deputy Commissioner, the Tribunal, on its own motion or on the application of the Deputy Commissioner, may call on the Deputy Commissioner to assist the Tribunal in respect of the review.

(2)
Despite anything to the contrary in the Victorian Civil and Administrative Tribunal Act 1998, the Information Commissioner is not and cannot be joined as a party to a review under section 50 unless it is a review of a decision of the Information Commissioner as the principal officer of the office of the Information Commissioner.

Guidelines

OVIC’s involvement in a VCAT review

1.1

If a person applies to the Victorian Civil and Administrative Tribunal (VCAT) for a review of a decision, the parties to the VCAT review are the agency or Minister and the person applying for the review.⁶

1.2

The Office of the Victorian Information Commissioner (OVIC) is not a party to the VCAT review, even where the review relates to a review decision made by OVIC.⁷

1.3

OVIC will only be a party to the VCAT review if the applicant made a request to OVIC, and the Information Commissioner made a decision on the request as OVIC’s principal officer.⁸

1.4

However, VCAT can ask OVIC to assist with a VCAT review, even if OVIC is not a party to it.⁹

1.5

OVIC can also apply to assist VCAT.¹⁰ In deciding whether to apply to assist VCAT, OVIC considers:

Whether there are significant legal questions that arise under the Act. For example, if the case involves a new or unsettled area of law, or it would clarify a disputed interpretation of the Act.
Whether there are broader implications for FOI policy and practice. For example, where the information rights of third parties not in VCAT or a strategic function of OVIC is affected.
The impact to VCAT and the parties to the proceeding. For example, whether OVIC’s issue is central or peripheral to the proceeding and whether OVIC can help VCAT by making new or informed submissions.

Freedom of Information Act 1982 (Vic), section 54.
Freedom of Information Act 1982 (Vic), section 51(2).
Freedom of Information Act 1982 (Vic), section 51(2).
Freedom of Information Act 1982 (Vic), section 51(1) and section 52(1A).
Freedom of Information Act 1982 (Vic), section 51(1) and section 52(1A).
Freedom of Information Act 1982 (Vic), section 54.
Freedom of Information Act 1982 (Vic), section 51(2).
Freedom of Information Act 1982 (Vic), section 51(2).
Freedom of Information Act 1982 (Vic), section 51(1) and section 52(1A).
Freedom of Information Act 1982 (Vic), section 51(1) and section 52(1A).

Section 51 - Information Commissioner may be called on to assist Tribunal

Extract of legislation

Guidelines

OVIC’s involvement in a VCAT review

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51	Information Commissioner may be called on to assist Tribunal
	(1)	The Tribunal, on its own motion or on the application of the Information Commissioner, may call on the Commissioner to assist the Tribunal in respect of a review.
	(1A)	If a review under section 50 relates to a decision made by the Public Access Deputy Commissioner, the Tribunal, on its own motion or on the application of the Deputy Commissioner, may call on the Deputy Commissioner to assist the Tribunal in respect of the review.
	(2)	Despite anything to the contrary in the Victorian Civil and Administrative Tribunal Act 1998, the Information Commissioner is not and cannot be joined as a party to a review under section 50 unless it is a review of a decision of the Information Commissioner as the principal officer of the office of the Information Commissioner.