Section 61TB - Information Commissioner must refuse to investigate certain public interest complaints
Extract of legislation
| 61TB | Information Commissioner must refuse to investigate certain public interest complaints | ||
| (1) | The Information Commissioner must refuse to conduct an investigation on a public interest complaint if the investigation would prejudice any— | ||
| (a) | criminal proceedings or criminal investigations; or | ||
| (b) | investigations by the IBAC or Integrity Oversight Victoria. | ||
| (2) | For the purposes of ensuring compliance with subsection (1), the Information Commissioner may consult any of the following— | ||
| (a) | the Director of Public Prosecutions; | ||
| (b) | the Chief Commissioner of Police; | ||
| (c) | the IBAC; | ||
| (d) | Integrity Oversight Victoria. | ||
Guidelines
The Information Commissioner must refuse to investigate certain public interest complaints
1.1
Usually, the Office of the Victorian Information Commissioner (OVIC) must investigate a public interest complaint referred to it by the Independent Broad-based Anti-corruption Commission (IBAC).3 However, where a public interest complaint would prejudice criminal proceedings or investigations, or investigations by IBAC or Integrity Oversight Victoria, OVIC must refuse to investigate the complaint.
1.2
In deciding whether OVIC must refuse to investigate a public interest complaint, OVIC may consult with the Director of Public Prosecutions, the Chief Commissioner of Police, IBAC, or Integrity Oversight Victoria.4
- Freedom of Information Act 1982 (Vic), section 61TA.
- Freedom of Information Act 1982 (Vic), section 61TB(2).
- Freedom of Information Act 1982 (Vic), section 61TA.
- Freedom of Information Act 1982 (Vic), section 61TB(2).
