Victorian Current Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 61

    (1)     Where the Tribunal, at the completion of proceedings under this Act, is of opinion that there is evidence that a person, being an officer of an agency, has been guilty of a breach of duty or of misconduct in the administration of this Act and that the evidence is, in all the circumstances, of sufficient force to justify it in doing so, the Tribunal shall bring the evidence to the notice of—

S. 61(a) amended by No. 58/1993 s. 23(1)(a)(b).

        (a)     if the person is the principal officer of a department or prescribed authority—the responsible Minister of that department or prescribed authority; or

S. 61(aa) inserted by No. 58/1993 s. 23(1)(c).

        (aa)     if a person is the principal officer of a council—to the council;

        (b)     if the person is an officer of an agency but not the principal officer of that agency—the principal officer of that agency.

S. 61(2) inserted by No. 6/2012 s. 23, amended by No. 20/2017 s. 49.

    (2)     In the circumstances set out in subsection (1), the Tribunal must also bring the evidence to the notice of the Information Commissioner.

S. 61A inserted by No. 10155 s. 67(1)(r), repealed by No. 52/1998
s. 311(Sch. 1 item 32.9).

    *     *     *     *     *

Pt 6A (Heading and ss 61A–61N) inserted by No. 6/2012 s. 24.

Part VIA—Complaints

New s. 61A inserted by No. 6/2012 s. 24.