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Section 63D - Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A

Guidelines

OVIC may only inspect documents claimed to be exempt under section 28, 29A, 31 or 31A

1.1

During a review, complaint, or investigation, there are special requirements for providing the Office of the Victorian Information Commissioner (OVIC) with a document that an agency or Minister claims is exempt under:

1.2

If an agency or Minister claims the document is exempt under one or more of the sections listed above, the Information Commissioner may only inspect the document at the premises of the agency or Minister. The Information Commissioner is not entitled to possess or make a copy of the document.2 However, the Information Commissioner may request to inspect the document electronically.

OVIC may request to inspect the document electronically

1.3

The Information Commissioner can request to inspect a document claimed to be exempt under section 28, 29A, 31, or 31A, electronically.5

1.4

If the Information Commissioner requests electronic inspection, the agency or Minister must provide the document to OVIC by secure electronic means. OVIC provides a platform for agencies and Ministers to provide documents securely, by electronic means.

1.5

After the Information Commissioner inspects the document that has been provided electronically, the Information Commissioner must destroy the document and tell the agency or Minister in writing that the inspection is complete and the document is destroyed.6

  1. Freedom of Information Act 1982 (Vic), section 63D(2).
  2. Freedom of Information Act 1982 (Vic), section 63D(2).
  3. Freedom of Information Act 1982 (Vic), section 63D(4).
  4. Freedom of Information Act 1982 (Vic), section 63D(5).
  5. Freedom of Information Act 1982 (Vic), section 63D(4).
  6. Freedom of Information Act 1982 (Vic), section 63D(5).

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Last updated 9 January 2024

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