Victorian Current Acts Victorian Current Acts(1) The Information Commissioner must do all things necessary to ensure that only a specified person has access to the document or its contents.
(2) A person who is or has been a specified person must not intentionally or recklessly disclose the document or its contents to any person other than—
(a) to a specified person in the course of performing the person's functions under this or any other Act or acting for or on behalf of a specified person in the performance of those functions; or
(b) to a representative of the agency or Minister who produced the document.
Penalty: 240 penalty units or imprisonment for 2 years or both.
(3) A specified person may, to the extent practicable without disclosing any exempt matter, disclose the nature of the document to the applicant for review or the complainant (as the case requires) if—
(a) the specified person considers that the disclosure may assist in the resolution of the review or complaint; and
(b) the agency head, principal officer or Minister, or a person nominated by the agency head, principal officer or Minister, gives prior written consent to the disclosure.
(4) Subject to section 63D, the Information Commissioner may copy the document, but only to the extent necessary for the performance of the Information Commissioner's functions in conducting the review, complaint or investigation.
(5) On completion of the review, complaint or investigation process, the Information Commissioner must—
(a) return the document to the agency that produced it; and
(b) return to that agency, or destroy, any copies of the document.
(6) In this section—
"former Commissioner" means a person who was appointed as—
(a) the Freedom of Information Commissioner; or
(b) an Assistant Commissioner;
"specified person" means—
(a) the Information Commissioner; or
(b) the Public Access Deputy Commissioner; or
(c) a member of staff of the Office of the Victorian Information Commissioner; or
(d) a former Commissioner, acting former Commissioner or employee, contractor or agent employed or engaged by a former Commissioner.
Pt 7 Div. 2A (Heading and ss 63F, 63G) inserted by No. 20/2017 s. 71.
Division 2A—Offences
S. 63F inserted by No. 20/2017 s. 71.