Section 63A - Information Commissioner and certain other persons not compellable to produce documents in legal proceedings
Extract of legislation
| 63A | Information Commissioner and certain other persons not compellable to produce documents in legal proceedings | ||
| (1) | The following persons cannot be compelled in a legal proceeding to produce any document or any part of a document that has come into the person’s possession in the performance of the person’s functions under Part VI, VIA or VIB or in acting for or on behalf of a person in the performance of those functions— | ||
| (a) | the Information Commissioner; | ||
| (b) | the Public Access Deputy Commissioner; | ||
| (c) | a member of staff of the Office of the Victorian Information Commissioner; | ||
| (d) | a contractor, agent or other person acting for or on behalf of the Information Commissioner or the Public Access Deputy Commissioner. | ||
| (2) | This section does not apply to— | ||
| (a) | a criminal proceeding; or | ||
| (b) | a proceeding under section 63BA; or | ||
| (c) | a proceeding involving a claim that the Information Commissioner does not have the jurisdiction to compel the production of documents. | ||
1.1
Generally, the Office of the Victorian Information Commissioner (OVIC) cannot be compelled in a legal proceeding to produce a document where OVIC has the document because it was performing functions under Part VI (reviews), Part VIA (complaints), or Part VIB (investigations).3
1.2
In other words, if a document comes into OVIC’s possession during a review, complaint or investigation, OVIC cannot be compelled to produce that document or any part of it.
1.3
However, there are three instances where OVIC can be compelled to produce a document. This includes in a:
- criminal proceeding;
- Supreme Court proceeding under section 63BA;4 or
- proceeding where an agency or Minister claims OVIC does not have jurisdiction to compel production of documents.
- Freedom of Information Act 1982 (Vic), section 63A(1).
- This kind of proceeding considers whether the Information Commissioner or Public Access Deputy Commissioner has jurisdiction to serve a notice to produce or attend.
- Freedom of Information Act 1982 (Vic), section 63A(1).
- This kind of proceeding considers whether the Information Commissioner or Public Access Deputy Commissioner has jurisdiction to serve a notice to produce or attend.
