Section 64A - Reports to Integrity and Oversight Committee
Extract of legislation
| 64A | Reports to Integrity and Oversight Committee | ||
| (1) | The Information Commissioner must report to the Integrity and Oversight Committee of the Parliament— | ||
| (a) | on the number of times that relevant Ministers have made statements under section 65AB; and | ||
| (ab) | on the performance of functions and exercise of powers of the Information Commissioner and the operation of the Office of the Victorian Information Commissioner; and | ||
| (b) | if there have been 4 or more successful applications to the Supreme Court or the Tribunal by agencies against decisions of the Information Commissioner in a 12 month period. | ||
| (2) | A report under subsection (1)(b) must— | ||
| (a) | set out a summary of the cases and the reasons for the determination of the Supreme Court or the Tribunal in each case; and | ||
| (b) | be made as soon as practicable after every 4 successful applications in the 12 month period. | ||
| (3) | A report is not required to set out a summary of a case if a summary of that case has been included in an earlier report under subsection (1)(b). | ||
The Information Commissioner must report annually to Parliament on how agencies and Ministers administer the Act and on the performance and exercise of the Information Commissioner’s functions and powers under the Act and under the Privacy and Data Protection Act 2014 (Vic).3
In addition to this, the Information Commissioner must report to the Integrity and Oversight Committee on specific matters. This includes on the:
- number of times that relevant Ministers have made a section 65AB statement;
- Information Commissioner’s performance and the operation of the Office of the Victorian Information Commissioner’s (OVIC); and
- successful review applications to the Supreme Court or the Victorian Civil and Administrative Tribunal of the Information Commissioner’s decisions where there have been more than four successful applications in a year.4
The Integrity and Oversight Committee monitors and reviews the performance of certain integrity bodies, including OVIC.
Reporting on four or more successful applications to the Supreme Court or VCAT
As soon as practicable after every four successful applications by an agency or Minister to the Supreme Court or VCAT, OVIC must report to the Integrity and Oversight Committee and summarise the cases and the reasons for the Supreme Court or VCAT determination.7
A report does not need to set out a summary of the case if OVIC has previously reported on the case and provided a summary of it.8
- Freedom of Information Act 1982 (Vic), section 64.
- Freedom of Information Act 1982 (Vic), section 64A(1)(a)-(c).
- Freedom of Information Act 1982 (Vic), section 64.
- Freedom of Information Act 1982 (Vic), section 64A(1)(a)-(c).
- Freedom of Information Act 1982 (Vic), section 64A(2).
- Freedom of Information Act 1982 (Vic), section 64A(3).
- Freedom of Information Act 1982 (Vic), section 64A(2).
- Freedom of Information Act 1982 (Vic), section 64A(3).
