Section 61M - Complaints notified or referred by other bodies
Extract of legislation
In certain instances, the Ombudsman or the Health Complaints Commissioner may refer complaints made under the Ombudsman Act 1973 (Vic) (Ombudsman Act) and the Health Records Act 2001 (Vic) (Health Records Act), respectively, to the Office of the Victorian Information Commissioner (OVIC).6
OVIC may deal with a complaint referred to it by the Ombudsman or the Health Complaints Commissioner as if it was a complaint made under section 61A.7 This helps to ensure the most relevant and appropriate body deals with FOI complaints even where the complaint is made under a different Act.
If a complaint is referred under either Act, the relevant body must notify both OVIC and the complainant.
Example
Section 16G of the Ombudsman Act requires the Ombudsman to notify OVIC of a complaint if the complaint could be made under Part VIA.8 If the Ombudsman notifies OVIC, then the Ombudsman must also notify the complainant.9
Section 51(3)(bb) of the Health Records Act allows the Health Complaints Commissioner to refer a complaint to OVIC if an act or practice complained about could be the subject of a complaint under Part VIA. If the Health Complaints Commissioner does so, then they are required to notify both the respondent and the complainant.10
- 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 61M.
- Ombudsman Act 1973 (Vic), section 16G(1).
- Ombudsman Act 1973 (Vic), section 16G(2).
- Health Records Act 2001 (Vic), section 51(3).
- 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 61M.
- Ombudsman Act 1973 (Vic), section 16G(1).
- Ombudsman Act 1973 (Vic), section 16G(2).
- Health Records Act 2001 (Vic), section 51(3).
