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Section 61TC - Information Commissioner may refuse to investigate certain public interest complaints

Guidelines

The Information Commissioner may 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).2

  • the matter has already been investigated or dealt with: OVIC considers the subject matter of the public interest complaint has already been investigated or dealt with by a different integrity body or another person or body with the power to require documents to be produced or require answers from a person;3
  • the disclosure is delayed: the person who made the public interest complaint made the disclosure more than 12 months after becoming aware of the disclosed matter and cannot give a satisfactory explanation to explain why they were delayed in making the disclosure;4
  • the conduct is not improper conduct or detrimental action: OVIC considers the conduct referred to in the public interest complaint does not amount to improper conduct within the meaning of section 4 of the Public Interest Disclosures Act 2012 (Vic), or detrimental action within the meaning of section 3 of the Public Interest Disclosures Act 2012 (Vic) against a person.5
  1. [Freedom of Information Act 1982 (Vic), section 61TA./efn_note] However, there are certain instances where OVIC may decide not to investigate a public interest complaint referred to it by IBAC, including where:1Freedom of Information Act 1982 (Vic), section 61TC.
  2. Freedom of Information Act 1982 (Vic), section 61TC(1)(a) and 61TC(1)(b).
  3. Freedom of Information Act 1982 (Vic), section 61TC(2)(a) and 61TC(2)(b).
  4. Freedom of Information Act 1982 (Vic), section 61TC(3).
  5. [Freedom of Information Act 1982 (Vic), section 61TA./efn_note] However, there are certain instances where OVIC may decide not to investigate a public interest complaint referred to it by IBAC, including where:6Freedom of Information Act 1982 (Vic), section 61TC.
  6. Freedom of Information Act 1982 (Vic), section 61TC(1)(a) and 61TC(1)(b).
  7. Freedom of Information Act 1982 (Vic), section 61TC(2)(a) and 61TC(2)(b).
  8. Freedom of Information Act 1982 (Vic), section 61TC(3).

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Last updated 27 December 2023

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