Section 6V - Publication of professional standards
Extract of legislation
| 6V | Publication of professional standards | ||
| (1) | As soon as practicable after finalising draft professional standards in accordance with section 6U, the Information Commissioner must cause the professional standards to be published— | ||
| (a) | in the Government Gazette; and | ||
| (b) | on the Internet site of the Office of the Victorian Information Commissioner. | ||
| (2) | Professional standards have effect on and after the later of the following— | ||
| (a) | the date specified in the professional standards; or | ||
| (b) | the date that is 20 business days after the day on which the professional standards are published in the Government Gazette. | ||
| (3) | The Information Commissioner must cause a copy of the professional standards published under subsection (1) to be laid before each House of Parliament not more than 6 sitting days after the day on which the standards are published in the Government Gazette. | ||
Guidelines
Publishing the Professional Standards
In developing the Professional Standards, the Information Commissioner must publish and consult on draft Professional Standards. As soon as practicable after finalising draft Professional Standards, the Information Commissioner must publish the finalised Professional Standards in the Government Gazette and on the Office of the Victorian Information Commissioner’s (OVIC) website.3
The Information Commissioner must also provide a copy of the Professional Standards to each House of Parliament within six sitting days after the day on which the Professional Standards are published in the Government Gazette.4
This process provides notice to agencies, the public, and Parliament, regarding the final Professional Standards including what they contain and when they commence.
Commencement of the Professional Standards
Section 6V outlines the Professional Standards take effect on and after either (whichever date is later):
- the date specified in the Professional Standards; or
- 20 business days after the day on which the Professional Standards are published in the Government Gazette.10
Providing at least 20 business days until the Professional Standards commence provides time for agencies to familiarise themselves with the obligations in the Professional Standards, and to take the necessary steps to begin complying with them.
Example
OVIC published the Professional Standards on 11 and 12 September 2019, however the Professional Standards did not take effect until 2 December 2019.
The Information Commissioner provided additional time from the date the Professional Standards were published in the Government Gazette before they took effect, for agencies to have time to become familiar with them.
More information
- Freedom of Information Act 1982 (Vic), section 6V(1).
- Freedom of Information Act 1982 (Vic), section 6V(3).
- Freedom of Information Act 1982 (Vic), section 6V(1).
- Freedom of Information Act 1982 (Vic), section 6V(3).
- Read the Government Gazette.
- Victoria, Parliamentary Debates, Legislative Council, 12 September 2019, 3110; Victoria, Parliamentary Debates, Legislative Assembly, 12 September 2019, 3322.
- Freedom of Information Act 1982 (Vic), section 6V(2).
- Read the Government Gazette.
- Victoria, Parliamentary Debates, Legislative Council, 12 September 2019, 3110; Victoria, Parliamentary Debates, Legislative Assembly, 12 September 2019, 3322.
- Freedom of Information Act 1982 (Vic), section 6V(2).
