Section 61L - Outcome of complaint

Extract of legislation

61L	Outcome of complaint
	(1)	After considering the complaint and any submissions and documents received in relation to the complaint, the Information Commissioner may make any recommendations to the agency, the principal officer or the Minister (as the case requires) in relation to the complaint that the Commissioner considers appropriate.
	(2)	The recommendations may include suggestions for improvements to the policies, procedures and systems of the agency in relation to compliance with this Act.
	(3)	The Information Commissioner must notify the agency, the principal officer or the Minister (as the case requires) and the complainant and any other party to the complaint of the recommendations of the Commissioner to the agency, the principal officer or Minister in relation to the complaint.
	(4)	The Information Commissioner must not disclose an exempt document or any information that if included in a document would make that document an exempt document in giving notice under this section.
	(5)	If the Information Commissioner intends to make a recommendation that relates to, or a comment about, an agency, principal officer, Minister, person or body, the Commissioner must give the agency, principal officer, Minister, person or body the opportunity to comment on and respond to the draft recommendation or draft comment before making the recommendation or comment.
	(6)	The Information Commissioner must take into account any response received by an agency, principal officer, Minister, person or body under subsection (5) in making a recommendation or any adverse comment under this section.
	(7)	The Information Commissioner must include in the document containing the Commissioner’s recommendations and comments, in a manner that fairly, fully and accurately represents the position of the agency, principal officer, Minister, person or body, any comments received from the agency, principal officer, Minister, person or body under subsection (5).
	(8)	If the Information Commissioner determines that the subject-matter of the complaint requires further investigation and is within the jurisdiction of a person or body who or which is prescribed by the regulations for the purposes of this section, the Commissioner may refer the matter to that body for investigation.

Guidelines

Making recommendations in relation to a complaint

1.1

The Office of the Victorian Information Commissioner (OVIC) may make recommendations regarding a complaint.¹ This can include making suggestions for improvements to the agency’s policies, procedures or systems in relation to compliance with the Act.

1.2

Recommendations could include the agency or Minister:

conducting a review of its FOI procedures;
altering a function or step in its FOI process;
amending language on its website or FOI application form.

Notifying parties about a recommendation

1.3

OVIC must notify both the complainant and the agency or Minister of a recommendation.² The notification must not include any exempt matter.³

1.4

If OVIC intends to make a recommendation that relates to, or a comment about, a person or body (including an agency or Minister), OVIC must give that person or body the opportunity to comment on and respond to a draft recommendation or comment.⁴

1.5

OVIC must consider any response received.⁵ In OVIC’s written recommendation, OVIC must set out any comments received on a draft recommendation or comment, to represent the person or body’s position on it.⁶

Referring a complaint

1.6

If OVIC determines that the subject-matter of the complaint requires further investigation and is within the jurisdiction of a person or body prescribed in the regulations, OVIC may refer the matter to that body.⁷

Example

Prescribed bodies include the:

Auditor-General;
Chief Commissioner of Police;
Health Complaints Commissioner;
Independent Broad-based Anti-corruption Commission;
Victorian Ombudsman;
Racing Integrity Commissioner;
Road Safety Camera Commissioner; and
Victorian Inspectorate.⁸

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 61L(3).
Freedom of Information Act 1982 (Vic), section 61(4).
Freedom of Information Act 1982 (Vic), sections 61L(5).
Freedom of Information Act 1982 (Vic), section 61L(6).
Freedom of Information Act 1982 (Vic), section 61L(7).
Freedom of Information Act 1982 (Vic), section 61L(8).
Freedom of Information Regulations 2019, Schedule 2.

Section 61L - Outcome of complaint

Extract of legislation

Guidelines

Making recommendations in relation to a complaint

Notifying parties about a recommendation

Referring a complaint

Example

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