Section 63BA - Application to Supreme Court
Extract of legislation
| 63BA | Application to Supreme Court | ||
| (1) | If a question arises as to whether the Information Commissioner or the Public Access Deputy Commissioner has jurisdiction to serve a notice to produce or attend on an agency, principal officer or a Minister under this Act, the Information Commissioner or, subject to subsection (2), the Public Access Deputy Commissioner or the agency, principal officer or Minister may apply to the Supreme Court for determination of that question. | ||
| (2) | The Public Access Deputy Commissioner may only apply for determination under this section in relation to a notice to produce or attend served by the Deputy Commissioner. | ||
| (3) | The Supreme Court may make any order it considers proper in relation to an application under subsection (1). | ||
| (4) | A Minister may, or a principal officer may, on behalf of the agency or, if the notice to produce or attend is served on the principal officer, on the officer’s own behalf— | ||
| (a) | make an application under this section; and | ||
| (b) | be a party to an application by the Information Commissioner under this section. | ||
| (5) | Nothing in this section limits any application an agency, principal officer or Minister may make to the Supreme Court in respect of the issuing of a notice to produce or attend. | ||
The Information Commissioner or Public Access Deputy Commissioner, agency principal officer or Minister may apply to the Supreme Court for the Court to decide whether the Information Commissioner or Deputy Commissioner has jurisdiction to serve a notice to produce or attend on the agency or Minister.4
If an application is made, the Supreme Court may make any order it considers fit.5
The Public Access Deputy Commissioner may only apply to the Supreme Court in relation to a notice to produce or attend served by them.6 The Deputy Commissioner cannot apply to the Supreme Court in relation to a notice to produce or attend served by the Information Commissioner.
Applications by a Minister and a principal officer of an agency
A Minister or principal officer of an agency may apply to the Supreme Court if they have been served with a notice to produce or attend to decide whether the Information Commissioner or Public Access Commissioner has jurisdiction to issue that notice.10
The Minister or agency will be a party to those proceedings.11
An agency or Minister is not limited from otherwise applying to the Supreme Court about the issuing of a notice to produce or attend (for example, to seek judicial review of the decision to issue a notice).12
More information
For more information on a notice to produce or attend, see section 61U of the FOI Guidelines.
- Freedom of Information Act 1982 (Vic), section 63BA(1).
- Freedom of Information Act 1982 (Vic), section 63BA(3).
- Freedom of Information Act 1982 (Vic), section 63BA(2).
- Freedom of Information Act 1982 (Vic), section 63BA(1).
- Freedom of Information Act 1982 (Vic), section 63BA(3).
- Freedom of Information Act 1982 (Vic), section 63BA(2).
- Freedom of Information Act 1982 (Vic), section 63BA(4).
- Freedom of Information Act 1982 (Vic), section 63BA(4).
- Freedom of Information Act 1982 (Vic), section 63BA(5).
- Freedom of Information Act 1982 (Vic), section 63BA(4).
- Freedom of Information Act 1982 (Vic), section 63BA(4).
- Freedom of Information Act 1982 (Vic), section 63BA(5).
