Section 61TC - Information Commissioner may refuse to investigate certain public interest complaints
Extract of legislation
| 61TC | Information Commissioner may refuse to investigate certain public interest complaints | ||
| (1) | The Information Commissioner may refuse to conduct an investigation on a public interest complaint if the Information Commissioner considers the subject matter of the public interest complaint has already been investigated or otherwise dealt with by— | ||
| (a) | an integrity body within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; or | ||
| (b) | any other person or body (whether or not still in existence) with the power to require the production of documents or the answering of questions. | ||
| (2) | The Information Commissioner may refuse to conduct an investigation on a public interest complaint if the person who made the public interest complaint— | ||
| (a) | made the disclosure that was determined to be a public interest complaint more than 12 months after becoming aware of the disclosed matter; and | ||
| (b) | fails to give a satisfactory explanation for the delay in making the disclosure. | ||
| (3) | The Information Commissioner may refuse to conduct an investigation on a public interest complaint if the Information Commissioner considers that the conduct that is the subject of the complaint does not amount to improper conduct, within the meaning of section 3 of the Public Interest Disclosures Act 2012, or detrimental action against a person in contravention of section 45 of that Act. | ||
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).7
- 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;8
- 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;9
- 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.10
- [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.
- Freedom of Information Act 1982 (Vic), section 61TC(1)(a) and 61TC(1)(b).
- Freedom of Information Act 1982 (Vic), section 61TC(2)(a) and 61TC(2)(b).
- Freedom of Information Act 1982 (Vic), section 61TC(3).
- [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.
- Freedom of Information Act 1982 (Vic), section 61TC(1)(a) and 61TC(1)(b).
- Freedom of Information Act 1982 (Vic), section 61TC(2)(a) and 61TC(2)(b).
- Freedom of Information Act 1982 (Vic), section 61TC(3).
