Skip to Content
From Monday 12 September 2020, OVIC's website will no longer be supported in Internet Explorer (IE).
We recommend installing Microsoft Edge, Google Chrome, Safari, Firefox, or Opera to visit the site.

Section 61ZD - Office of the Information Commissioner to report to the Victorian Inspectorate on issue of notice to produce or attend

Guidelines

How the Victorian Inspectorate oversees OVIC’s use of coercive powers

Reporting to the Victorian Inspectorate when using coercive powers

1.1

The Victorian Inspectorate oversees Victoria’s integrity agencies, including the Office of the Victorian Information Commissioner (OVIC). One of the Victorian Inspectorate’s roles is to oversee OVIC’s use of coercive powers including issuing a notice to produce or attend.

1.2

OVIC must give a written report to the Victorian Inspectorate within three days of issuing a notice to produce or attend to a person.3

1.3

The report must include the:

  • name of the person to whom the notice relates; and
  • reasons why the notice was issued.4

Reviewing notices provided by the Information Commissioner

1.4

The Victorian Inspectorate may review a written report that OVIC prepared under section 61ZD and a copy of an audio or video recording and any transcript of an examination given under section 61ZH to assess whether:

  • the requirements under the Act were met;
  • the requirement for a person to produce a document or thing for an investigation or complaint reasonably helped OVIC to achieve the purpose of the investigation or to deal with the complaint; or
  • questioning a person at an examination reasonably helped OVIC to achieve the purpose of the investigation, the review, or to deal with the complaint to which the examination relates.6

Reporting on coercive questioning

1.5

The Victorian Inspectorate may require OVIC to provide it with a written report in relation to an appearance by a person before an OVIC officer in an investigation, complaint or review under the Act (whether in response to a notice or otherwise), which includes:

  • the name of the person who appeared before OVIC;
  • the reasons for the person’s appearance;
  • the place and time of the person’s appearance;
  • the relevance of the appearance to OVIC’s investigation;
  • the name of any other person who was present during the appearance in an official capacity under any Act, including the person’s legal representative; and
  • any other prescribed matter.9
1.6

OVIC must respond to a request from the Victorian Inspectorate to provide a report as soon as possible after the request is made.10

Making a complaint to the Victorian Inspectorate

1.7

A person may complain to the Victorian Inspectorate about OVIC staff’s use or purported use of coercive powers.14

1.8

A person may also complain to the Victorian Inspectorate about how OVIC staff comply with procedural fairness requirements when:

1.9

A complaint may be made about the exercise or purported exercise of coercive powers and procedural fairness requirements outlined above, including on the basis that the conduct was:

  • contrary to law;
  • unreasonable, unjust, oppressive, or improperly discriminatory;
  • based on improper motives;
  • an abuse of power; or
  • otherwise improper.16

More information

For more information on complaints to the Victorian Inspectorate, visit their website.

  1. Freedom of Information Act 1982 (Vic), section 61ZD.
  2. Freedom of Information Act 1982 (Vic), section 61ZD.
  3. Freedom of Information Act 1982 (Vic), section 61ZD.
  4. Freedom of Information Act 1982 (Vic), section 61ZD.
  5. Victorian Inspectorate Act 2011 (Vic), sections 42C(1) and 42C(2).
  6. Victorian Inspectorate Act 2011 (Vic), sections 42C(1) and 42C(2).
  7. Victorian Inspectorate Act 2011 (Vic), section 42A(1); Victorian Inspectorate Regulations 2023, regulation 19.
  8. Victorian Inspectorate Act 2011 (Vic), section 42A(2).
  9. Victorian Inspectorate Act 2011 (Vic), section 42A(1); Victorian Inspectorate Regulations 2023, regulation 19.
  10. Victorian Inspectorate Act 2011 (Vic), section 42A(2).
  11. Victorian Inspectorate Act 2011 (Vic), section 43(9)(a). A reference to ‘OVIC staff’ means a reference to ‘OVIC officer’ which is defined in section 3 of the Victorian Inspectorate Act 2011 (Vic).
  12. Victorian Inspectorate Act 2011 (Vic), section 43(9)(b).
  13. Victorian Inspectorate Act 2011 (Vic), section 43(10).
  14. Victorian Inspectorate Act 2011 (Vic), section 43(9)(a). A reference to ‘OVIC staff’ means a reference to ‘OVIC officer’ which is defined in section 3 of the Victorian Inspectorate Act 2011 (Vic).
  15. Victorian Inspectorate Act 2011 (Vic), section 43(9)(b).
  16. Victorian Inspectorate Act 2011 (Vic), section 43(10).

Download

FOI-Guidelines-Part-VIC-Coercive-Powers.docx

FOI-Guidelines-Part-VIC-Coercive-Powers.docx
Size 2.33 MB

Download
FOI-Guidelines-Part-VIC-Coercive-Powers.pdf

FOI-Guidelines-Part-VIC-Coercive-Powers.pdf
Size 958.75 KB

Download

Contents

Back to Index

Details

Last updated 27 December 2023

Back to top
Back to Top