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Section 61TI - Disclosure of information by Information Commissioner

Guidelines

Disclosing information to other persons or bodies

1.1

The Office of the Victorian Information Commissioner (OVIC) may disclose information received or obtained in investigating a public interest complaint to a specific person or body if it considers:

  • the information is relevant to the body’s performance and functions; and
  • it is appropriate to be brought to that person or body’s attention, having regard to the nature of the information.6
1.2
  • However, OVIC cannot provide or disclose information to a person or body if that person or body is the subject of a complaint and the information would be likely to identify the person who made the complaint.7 This is unless an exception in the Public Interest Disclosures Act 2012 (Vic)
1.3

OVIC may disclose information that is likely to lead to the identification of a person who made an assessable disclosure where:

  • the person has given written consent to OVIC to disclose that information;8
  • IBAC, the Victorian Inspectorate or the Integrity and Oversight Committee decides the disclosure is not a public interest complaint and OVIC discloses the information after that decision;9
  • an investigating entity publishes identifiable information in a report to Parliament or otherwise makes the information public (acting consistently with their confidentiality obligations) and OVIC discloses the information after that publication.10

Who can OVIC disclose information to?

1.4

The specific persons and bodies that the Information Commissioner may disclose information about a public interest complaint to include:

  • IBAC;
  • the Victorian Inspectorate;
  • the Ombudsman;
  • the Auditor-General;
  • Victoria Police;
  • the Director of Public Prosecutions;
  • the Commission for Children and Young People established under section 6 of the Commission for Children and Young People Act 2012 (Vic);
  • the Australian Federal Police constituted under section 6 of the Australian Federal Police Act 1979 (Cth);
  • the police force or police service of another State or a Territory;
  • a prescribed person or body.

Operation with other Acts

1.5

Section 61TI applies subject to any restriction on disclosure under the Act or any other Act, including a Commonwealth Act.13 For example, this section may yield to the confidentiality provisions contained in Part 7 of the Public Interest Disclosures Act 2012 (Vic).14

  1. Freedom of Information Act 1982 (Vic), section 61TI(1).
  2. Freedom of Information Act 1982 (Vic), section 61TI(2).
  3. Public Interest Disclosures Act 2012 (Vic), section 53(2)(a).
  4. Public Interest Disclosures Act 2012 (Vic), section 53(2)(c).
  5. Public Interest Disclosures Act 2012 (Vic), section 53(2)(d).
  6. Freedom of Information Act 1982 (Vic), section 61TI(1).
  7. Freedom of Information Act 1982 (Vic), section 61TI(2).
  8. Public Interest Disclosures Act 2012 (Vic), section 53(2)(a).
  9. Public Interest Disclosures Act 2012 (Vic), section 53(2)(c).
  10. Public Interest Disclosures Act 2012 (Vic), section 53(2)(d).
  11. Freedom of Information Act 1982 (Vic), section 61TI(4).
  12. Public Interest Disclosures Act 2012 (Vic), section 53.
  13. Freedom of Information Act 1982 (Vic), section 61TI(4).
  14. Public Interest Disclosures Act 2012 (Vic), section 53.

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Last updated 27 December 2023

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