Section 6B - Establishment of the Office of the Victorian Information Commissioner
Extract of legislation
| 6B | Establishment of the Office of the Victorian Information Commissioner | ||
| (1) | There is to be an Office of the Victorian Information Commissioner. | ||
| (2) | The Office of the Victorian Information Commissioner consists of— | ||
| (a) | the Information Commissioner; and | ||
| (b) | the Public Access Deputy Commissioner; and | ||
| (c) | the Privacy and Data Protection Deputy Commissioner appointed under section 8H of the Privacy and Data Protection Act 2014; and | ||
| (d) | the staff employed and other persons engaged under section 6Q. | ||
| (3) | Except where expressly provided in this Act or the Privacy and Data Protection Act 2014— | ||
| (a) | the Information Commissioner is not subject to the direction or control of the Minister in respect of the performance of the Information Commissioner’s duties and functions and the exercise of the Information Commissioner’s powers; and | ||
| (b) | the Public Access Deputy Commissioner is not subject to the direction or control of the Minister in respect of the performance of the Deputy Commissioner’s duties and functions and the exercise of the Deputy Commissioner’s powers. | ||
Guidelines
Establishing the Office of the Victorian Information Commissioner
Section 6B establishes the Office of the Victorian Information Commissioner (OVIC) and its staff, including:
- the Information Commissioner;
- the Public Access Deputy Commissioner;
- the Privacy and Data Protection Deputy Commissioner; and
- OVIC staff.
OVIC is the primary regulator and source of independent advice to the community and to the Victorian government about how the public sector collects, uses, and shares information.
OVIC’s goal is to embed in the Victorian public sector a culture that promotes fair public access to information while ensuring its proper use and protection. OVIC aims to build community trust in the Government’s handling of information.
Bringing together FOI, privacy, and information security functions
OVIC combined and replaced the Office of the Freedom of Information Commissioner and the Commissioner for Privacy and Data Protection to oversee both the Act and the Privacy and Data Protection Act 2014 (Vic).2 This was a significant change which brought together independent FOI, information privacy, and information security regulatory functions for the first time in Victoria.
As one organisation, OVIC brings these functions and powers together, under the Information Commissioner who is supported by the Public Access Deputy Commissioner and the Privacy and Data Protection Deputy Commissioner.
OVIC’s independence
OVIC is an independent regulator. This means the Victorian Government cannot direct or control OVIC to make certain decisions, act in a certain way, or use its powers in a certain way.
To make sure OVIC has independence from the Government, the Information Commissioner and the Public Access Deputy Commissioner are not subject to the direction or control of the Minister when performing duties and functions, and exercising powers under the Act.5
The ‘Minister’ refers to the Minister responsible for the Act. Under the Premier’s General Orders, the Victorian Attorney General is the Minister responsible for the Act.6
- The Commission for Privacy and Data Protection was an independent regulator with oversight over the Privacy and Data Protection Act 2014 (Vic).
- The Commission for Privacy and Data Protection was an independent regulator with oversight over the Privacy and Data Protection Act 2014 (Vic).
- Freedom of Information Act 1982 (Vic), section 6B(3).
- General Order dated 16 April 2021, Allocation of responsibility for all Victorian acts of Parliament effective 16 April 2021. For information on the Premier’s General Orders, visit: https://www.vic.gov.au/general-orders.
- Freedom of Information Act 1982 (Vic), section 6B(3).
- General Order dated 16 April 2021, Allocation of responsibility for all Victorian acts of Parliament effective 16 April 2021. For information on the Premier’s General Orders, visit: https://www.vic.gov.au/general-orders.
