Section 61C - Referral of complaint to another body

Extract of legislation

61C	Referral of complaint to another body
	(1)	This section applies if the Information Commissioner considers that a complaint could be dealt with more effectively or appropriately by another person or body who or which has jurisdiction to deal with the complaint.
	(2)	If the Information Commissioner considers it appropriate to do so, the Commissioner, after consulting with the person or body, may—
		(a)	decline to deal with the complaint; and
		(b)	refer it to the person or body.
	(2A)	The Information Commissioner may communicate to a person or body to whom or which a complaint is referred any information obtained or received in the course or as a result of the exercise of the functions of the Information Commissioner under this Part, being information relating to a complaint referred to the person or body.
	(2B)	The Information Commissioner may decide to deal with a complaint as if it were a complaint made under the Privacy and Data Protection Act 2014 if the Information Commissioner considers that the complaint could be dealt with more effectively or appropriately under that Act.
	(3)	If the Information Commissioner refers a complaint to a person or body under this section, or decides to deal with the complaint under the Privacy and Data Protection Act 2014, the Commissioner must give notice in writing to the complainant.
	(4)	The notice must set out the decision of the Information Commissioner and the reasons for the decision.

Guidelines

OVIC may refer a complaint to another body

1.1

Under section 61C, the Office of the Victorian Information Commissioner (OVIC) may decline to deal with a complaint and instead refer it to another person or body which has jurisdiction to deal with it and who can deal with it more effectively or appropriately. ⁵

1.2

OVIC may also decide to deal with a complaint under the Privacy and Data Protection Act 2014 (Vic) (PDP Act), if the complaint could be dealt with more effectively under the PDP Act.⁶

1.3

OVIC may share any information obtained or received relating to the complaint with the body or person to which they have referred the complaint.⁷ This will help the referred body to resolve the complaint more efficiently.

1.4

If OVIC decides to:

refer the complaint to another person or body with jurisdiction; or
deal with the complaint under the Privacy Data Protection Act 2014 (Vic),

OVIC must give written notice to the complainant setting out the grounds for doing so.⁸

Freedom of Information Act 1982 (Vic), section 61C(1). Section 6I sets out the functions of the Information Commissioner and the Public Access Deputy Commissioner; both are responsible for handling FOI complaints. In this section, the FOI Guidelines collectively refer to the Information Commissioner, the Public Access Deputy Commissioner, and OVIC staff as ‘OVIC’ unless otherwise stated.
Freedom of Information Act 1982 (Vic), section 61C(2B).
Freedom of Information Act 1982 (Vic), section 61C(2A).
Freedom of Information Act 1982 (Vic), sections 61C(3) and (4).
Freedom of Information Act 1982 (Vic), section 61C(1). Section 6I sets out the functions of the Information Commissioner and the Public Access Deputy Commissioner; both are responsible for handling FOI complaints. In this section, the FOI Guidelines collectively refer to the Information Commissioner, the Public Access Deputy Commissioner, and OVIC staff as ‘OVIC’ unless otherwise stated.
Freedom of Information Act 1982 (Vic), section 61C(2B).
Freedom of Information Act 1982 (Vic), section 61C(2A).
Freedom of Information Act 1982 (Vic), sections 61C(3) and (4).

Section 61C - Referral of complaint to another body

Extract of legislation

Guidelines

OVIC may refer a complaint to another body

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