Section 61TK - Extension of confidentiality notice
Extract of legislation
| 61TK | Extension of confidentiality notice | |
| (1) | If, before the conclusion of an investigation in respect of which a confidentiality notice has been issued, the Information Commissioner considers on reasonable grounds that it is necessary to extend the confidentiality notice for a period following the investigation, the Information Commissioner may apply to the Supreme Court for an order extending the confidentiality notice. | |
| (2) | On an application under subsection (1), the Supreme Court may, by order, extend a confidentiality notice to a date specified in the order, if the Supreme Court is satisfied that disclosure of the restricted matter or restricted matters specified in the confidentiality notice before that date would be likely to have the effect specified in section 61TJ(1)(a), (b) or (c). | |
| (3) | If, on an application under subsection (1), the Supreme Court declines to make an order under subsection (2), the Information Commissioner must issue to the person to whom the confidentiality notice was issued a notice cancelling the confidentiality notice, unless the investigation in respect of which the confidentiality notice was issued has not concluded. | |
| Note | ||
| Section 61TJ(6) provides for the issue of a notice cancelling a confidentiality notice at the conclusion of the investigation to which the confidentiality notice relates. | ||
| (4) | A notice cancelling a confidentiality notice under subsection (3) may be issued to a person by serving a copy on the person in the same manner that a witness summons can be served. | |
1.1
The Office of the Victorian Information Commissioner (OVIC) may apply to the Supreme Court to extend a confidentiality notice if OVIC considers on reasonable grounds that it is necessary.4
1.2
The Supreme Court can extend the date if they are satisfied that the disclosure of the restricted matters or matters would be likely to prejudice certain matters (investigations, safety or reputation, or a person’s fair trial).5
See section 61TJ for information on when OVIC can issue a confidentiality notices and what a ‘restricted matter’ is.
1.3
If the Supreme Court does not extend a confidentiality notice, OVIC must cancel the confidentiality notice and notify the person to whom it applies (unless the investigation has not concluded).6
- Freedom of Information Act 1982 (Vic), section 61TK(1).
- Freedom of Information Act 1982 (Vic), section 61TK(2).
- Freedom of Information Act 1982 (Vic), section 61TK(3).
- Freedom of Information Act 1982 (Vic), section 61TK(1).
- Freedom of Information Act 1982 (Vic), section 61TK(2).
- Freedom of Information Act 1982 (Vic), section 61TK(3).
