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Section 6AA - Act not to apply to access to certain documents of Office of Victorian Information Commissioner


The Act does not apply to OVIC review, complaint, or investigation documents


The Office of the Victorian Information Commissioner (OVIC) is an agency subject to the Act, meaning FOI requests may be made to OVIC for access to documents in its possession.


However, the right of access in section 13 does not apply to documents in OVIC’s possession1 to the extent that the document is the subject of, or discloses information relating to, an FOI review,2 complaint,3 or investigation.4


This means OVIC cannot provide access to documents that are the subject of, or disclose information relating to, FOI reviews, complaints, or investigations.


Section 6AA does not apply to a document in the possession of an agency or Minister, even if that document is the subject of or discloses information relating to an OVIC review, complaint, or investigation. This is because section 6AA only applies to a document in the possession of OVIC. This means an agency or Minister cannot rely on section 6AA to exclude documents from the Act.

  1. This includes in the possession of the Information Commissioner, the Public Access Deputy Commissioner, OVIC staff or OVIC contractors.
  2. Freedom of Information Act 1982 (Vic), Part VI.
  3. Freedom of Information Act 1982 (Vic), Part VIA.
  4. Freedom of Information Act 1982 (Vic), Part VIB.



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Size 776.41 KB



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Last updated 19 May 2023

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