Freedom of Information Regulations 2009FILE/09-33sr003.docx · Web view8Prescribed agencies—production of documents. ... 89Small Business Commissioner appointed under section

Version No. 003

Freedom of Information Regulations 2009S.R. No. 33/2009

Version incorporating amendments as at1 December 2012

TABLE OF PROVISIONSRegulation Page

1 Objectives 12 Authorising provisions 13 Revocation 14 Definition 25 Prescribed authorities 26 Exempt offices 27 Prescribed persons or bodies—relevant authority 28 Prescribed agencies—production of documents 29 Prescribed persons or bodies—referral for investigation 3

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SCHEDULE 1 4

PART 1—CLASSES OF BODIES 4

PART 2—BODIES 4

SCHEDULE 2—Prescribed Persons And Bodies 6

SCHEDULE 3—Prescribed Agencies—Sections 61J and 61K 7

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ENDNOTES 17

1. General Information 17

2. Table of Amendments 18

3. Explanatory Details 19

1

Version No. 003


Version incorporating amendments as at1 December 2012

1 Objectives

The objectives of these Regulations are—

(a) to declare certain bodies to be prescribed authorities for the purposes of the Freedom of Information Act 1982;

(b) to prescribe certain offices for the purposes of section 5(3)(a) of that Act;

(c) to prescribe the persons or bodies to which the Freedom of Information Commissioner may refer matters;

(d) to prescribe agencies that may be subject to the Freedom of Information Commissioner's power to compel the production of documents.

2 Authorising provisions

These Regulations are made under sections 5 and 66 of the Freedom of Information Act 1982.

3 Revocation

The following regulations are revoked—

(a) the Freedom of Information Regulations 19981;

(b) the Freedom of Information (Amendment) Regulations 20012.

1

Reg. 1(b) amended by S.R. No. 131/2012 reg. 5(a).

Reg. 1(c) inserted by S.R. No. 131/2012 reg. 5(b).

Reg. 1(d) inserted by S.R. No. 131/2012 reg. 5(b).

4 Definition

In these Regulations—

the Act means the Freedom of Information Act 1982.

5 Prescribed authorities

In accordance with paragraph (b) of the definition of prescribed authority in section 5(1) of the Act, each body and each body in a class of bodies specified in Schedule 1 is declared to be a prescribed authority for the purposes of the Act.

6 Exempt offices

For the purposes of section 5(3)(a) of the Act the following are prescribed offices—

(a) the Director of Public Prosecutions;

(b) the Public Advocate;

(c) the Solicitor-General.

7 Prescribed persons or bodies—relevant authority

For the purposes of section 49O(5) of the Act, a person or body specified in Schedule 2 is prescribed as a relevant authority.

8 Prescribed agencies—production of documents

For the purposes of sections 61J and 61K of the Act, the following are prescribed agencies—

(a) a body or body in a class of body specified in Schedule 1;

(b) an agency specified in Schedule 3;

(c) an agency established on or after 1 December 2012.

2

Reg. 5 amended by S.R. No. 131/2012 reg. 6.

r. 4

Reg. 7 inserted by S.R. No. 131/2012 reg. 7.


9 Prescribed persons or bodies—referral for investigation

For the purposes of section 61L(8) of the Act, a person or body specified in Schedule 2 is prescribed.

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r. 9

SCHEDULE 1Regulation 5

PART 1—CLASSES OF BODIES

TAFE institutes created under section 3.1.11 of the Education and Training Reform Act 2006

The denominational hospitals listed in Schedule 2 to the Health Services Act 1988

PART 2—BODIES

Appeal Costs BoardBoard of Examiners for Legal PractitionersCity West Water Limited A.C.N. 066 902 467Council of Legal Education Disciplinary Appeals Boards Electoral Boundaries CommissionFirearms Appeals CommitteeFood Safety CouncilLand Tax Hardship Relief BoardMedical PanelsMental Health Review BoardMerit Protection BoardsProfessional Boxing and Combat Sports BoardPsychosurgery Review BoardPublic Records Advisory CouncilRacing Appeals TribunalRacing Victoria within the meaning of the Racing Act 1958Royal Society for the Prevention of Cruelty to AnimalsSouth East Water Limited A.C.N. 066 902 547Victoria Grants CommissionVictorian Council of the ArtsVictorian Multicultural CommissionVictorian Veterans CouncilWorkCover Advisory Committee

Schedule (Heading) substituted as Schedule 1 (Heading) by S.R. No. 131/2012 reg. 9.

Sch. 1

Sch. Pt 2 amended by S.R. No. 112/2012 reg. 3.


4

Yarra Valley Water Limited A.C.N. 066 902 501YoorallaYoung Farmers' Finance Council

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Sch. 1


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SCHEDULE 2Regulations 7 and 9

PRESCRIBED PERSONS AND BODIES

1 Auditor-General appointed under section 94A of the Constitution Act 1975

2 Chief Commissioner of Police appointed under section 4 of the Police Regulation Act 1958

3 Commissioner for Law Enforcement Data Security appointed under Part 2 of the Commissioner for Law Enforcement Data Security Act 2005

4 Health Services Commissioner appointed under section 5 of the Health Services (Conciliation and Review) Act 1987

5 The Independent Broad-based Anti-corruption Commission established under section 6 of the Independent Broad-based Anti-corruption Commission Act 2011

6 Ombudsman appointed under section 3 of the Ombudsman Act 1973

7 Privacy Commissioner appointed under section 50 of the Information Privacy Act 2000

8 Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958

9 Road Safety Camera Commissioner appointed under section 5 of the Road Safety Camera Commissioner Act 2011

10 Victorian Inspectorate established under section 6 of the Victorian Inspectorate Act 2011.

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Schedule 2 inserted by S.R. No. 131/2012 reg. 9.

Sch. 2


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SCHEDULE 3Regulation 8

PRESCRIBED AGENCIES—SECTIONS 61J AND 61K

1 Aboriginal Heritage Council established under Part 9 of the Aboriginal Heritage Act 2006

2 Accident Compensation Conciliation Service established under the Accident Compensation Act 1985

3 Administrative Office established under section 11 of the Public Administration Act 2004

4 Administrator appointed under Part 4 of the Electricity Industry (Residual Provisions) Act 1993

5 Adult, Community and Further Education Board established under the Education and Training Reform Act 2006

6 Adult education institution within the meaning of the Education and Training Reform Act 2006

7 Advisory Committee established under section 151 of the Planning and Environment Act 1987

8 Alpine Resorts Coordinating Council established under the Alpine Resorts (Management) Act 1997

9 Alpine Resort Management Board established under section 34 of the Alpine Resorts (Management) Act 1997

10 Anti-Cancer Council Victoria established under Part I of the Cancer Act 1958

11 Architects Registration Board of Victoria established under the Architects Act 1991

12 Auditor-General appointed under section 94A of the Constitution Act 1975

13 Australian Centre for the Moving Image established under the Film Act 2001

Schedule 3 inserted by S.R. No. 131/2012 reg. 9.

Sch. 3


7

14 Australian Grand Prix Corporation established under the Australian Grands Prix Act 1994

15 Building Commission established under Part 12 of the Building Act 1993

16 Bushfires Royal Commission Implementation Monitor appointed under section 5 of the Bushfires Royal Commission Implementation Monitor Act 2011

17 Catchment Management Authority established under Part 2 of the Catchment and Land Protection Act 1994

18 Cemetery trust established under Part 2 of the Cemeteries and Crematoria Act 2003

19 Commissioner for Environmental Sustainability appointed under section 6 of the Commissioner for Environmental Sustainability Act 2003

20 Commissioner for Law Enforcement Data Security appointed under Part 2 of the Commissioner for Law Enforcement Data Security Act 2005

21 A Committee established by an Order under Part 2 of the Agricultural Industry Development Act 1990

22 A committee of management appointed under section 14 of the Crown Land (Reserves) Act 1978

23 A Council within the meaning of the Local Government Act 1989

24 Council of Legal Education continued under section 6.5.1 of the Legal Profession Act 2004

25 Council of Trustees of the National Gallery of Victoria constituted under the National Gallery of Victoria Act 1966

26 Country Fire Authority established under Part I of the Country Fire Authority Act 1958

27 Dairy Food Safety Victoria established under the Dairy Act 2000

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28 A Department established under section 10 of the Public Administration Act 2004

29 Director, Transport Safety appointed under the Transport Integration Act 2010

30 Disability Services Commissioner appointed under section 14 of the Disability Act 2006

31 Emerald Tourist Railway Board established under section 2 of the Emerald Tourist Railway Act 1977

32 Emergency Services Commissioner established under section 218 of the Emergency Management Act 1986

33 Emergency Services Superannuation Board established under Part 2 of the Emergency Services Superannuation Act 1986

34 Emergency Services Telecommunications Authority established under Division 1 of Part 2 of the Emergency Services Telecommunications Authority Act 2004

35 Energy Safe Victoria established under Division 1 of Part 2 of the Energy Safe Victoria Act 2005

36 Environment Protection Authority established under section 5 of the Environment Protection Act 1970

37 Essential Services Commission established under section 7 of the Essential Services Commission Act 2001

38 Film Victoria established under section 5 of the Film Act 2001

39 Fire Services Commissioner established under Part 2 of the Fire Services Commissioner Act 2010

40 Geelong Performing Arts Centre Trust established under the Geelong Performing Arts Centre Trust Act 1980

41 Greyhound Racing Victoria established under Part III of the Racing Act 1958

42 Growth Areas Authority established under the Planning and Environment Act 1987

Sch. 3


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43 Harness Racing Victoria established under Part II of the Racing Act 1958

44 Health Purchasing Victoria established under Part 6 of the Health Services Act 1988

45 Health Services Commissioner appointed under section 5 of the Health Services (Conciliation and Review) Act 1987

46 Heritage Council established under Part 2 of the Heritage Act 1995

47 Judicial College of Victoria established under section 4 of the Judicial College of Victoria Act 2001

48 Legal Practitioners' Liability Committee under section 6.6.1 of the Legal Profession Act 2004

49 Legal Services Board established under the Legal Profession Act 2004

50 Legal Services Commissioner appointed under Part 6.3 of the Legal Profession Act 2004

51 Library Board of Victoria established under section 16 of the Libraries Act 1988

52 Linking Melbourne Authority established under section 134 of the Transport Integration Act 2010

53 Melbourne Convention and Exhibition Trust established under the Melbourne Convention and Exhibition Trust Act 1996

54 Melbourne Cricket Ground Trust established under section 4 of the Melbourne Cricket Ground Act 2009

55 Melbourne Market Authority established by Part II of the Melbourne Market Authority Act 1977

56 Melbourne and Olympic Parks Trust established under the Melbourne and Olympic Parks Act 1985

57 Metropolitan Fire and Emergency Services Appeals Commission established under the Metropolitan Fire Brigades Act 1958

Sch. 3


10

58 Metropolitan Fire and Emergency Services Board established under the Metropolitan Fire Brigades Act 1958

59 Metropolitan Waste Management Group established under the Environment Protection Act 1970

60 A multi-purpose service within the meaning of the Health Services Act 1988

61 Museums Board of Victoria established under the Museums Act 1983

62 National Parks Advisory Council established under section 10 of the National Parks Act 1975

63 Office of Police Integrity established under the Police Integrity Act 2008

64 Office of Public Prosecutions established under the Public Prosecutions Act 1994

65 Ombudsman appointed under section 3 of the Ombudsman Act 1973

66 Parks Victoria established under Part 2 of the Parks Victoria Act 1998

67 Parliamentary Trustee established under section 11A of the Parliamentary Salaries and Superannuation Act 1968

68 Plumbing Industry Commission established under Division 9 of Part 12A of the Building Act 1993

69 Police Force of Victoria

70 Port of Hastings Development Authority established under section 141Q of the Transport Integration Act 2010

71 Port of Melbourne Corporation continued under section 141B of the Transport Integration Act 2010

72 PrimeSafe established under the Meat Industry Act 1993

Sch. 3


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73 Privacy Commissioner appointed under section 50 of the Information Privacy Act 2000

74 Professional Standards Council established under Part 6 of the Professional Standards Act 2003

75 A public health service within the meaning of the Health Services Act 1988

76 A public hospital within the meaning of the Health Services Act 1988

77 Public Transport Development Authority established under section 79A of the Transport Integration Act 2010

78 Queen Victoria Women's Centre Trust established under the Queen Victoria Women's Centre Act 1994

79 Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958

80 A regional waste management group established under Division 2A of Part IX of the Environment Protection Act 1970

81 A Regional Coastal Board established under section 10 of the Coastal Management Act 1995

82 A regional library established under section 196 of the Local Government Act 1989

83 Residential Tenancies Bond Authority established under Part 10 of the Residential Tenancies Act 1997

84 Road Corporations continued under section 80 of the Transport Integration Act 2010

85 Road Safety Camera Commissioner appointed under section 5 of the Road Safety Camera Commissioner Act 2011

86 Royal Botanic Gardens Board established under Part 2 of the Royal Botanic Gardens Act 1991

87 Sentencing Advisory Council established under the Sentencing Act 1991

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88 Shrine of Remembrance Trustees established under section 3 of the Shrine of Remembrance Act 1978

89 Small Business Commissioner appointed under section 4 of the Small Business Commissioner Act 2003

90 Special Investigations Monitor established under the Major Crime (Special Investigations Monitor) Act 2004

91 State Electricity Commission of Victoria established under the Electricity Industry Act 2000

92 Commissioner for State Revenue Office referred to in section 62 of the Taxation Administration Act 1997

93 State Services Authority established under the Public Administration Act 2004

94 State Sport Centres Trust established under Part 2 of the State Sport Centres Act 1994

95 Surveyors Registration Board of Victoria established under the Surveying Act 2004

96 Sustainability Victoria established under the Sustainability Victoria Act 2005

97 Tourism Victoria established under the Tourism Victoria Act 1992

98 Transport Accident Commission established under Part 2 of the Transport Accident Act 1986

99 Transport Ticketing Authority established under the State Owned Enterprises Act 1992

100 Trust for Nature (Victoria) established under the Victorian Conservation Trust Act 1972

101 A University within the meaning of the Education and Training Reform Act 2006 (except the Australian Catholic University Limited and the Melbourne College of Divinity)

102 Urban Renewal Authority Victoria established under the Urban Renewal Authority Victoria Act 2003

Sch. 3


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103 Veterinary Practitioners Registration Board of Victoria established under the Veterinary Practice Act 1997

104 VicForests established under the State Owned Enterprises Act 1992

105 Victoria Legal Aid established under the Legal Aid Act 1978

106 Victorian Arts Centre Trust established under Part 2 of the Victorian Arts Centre Act 1979

107 Victorian Assisted Reproductive Treatment Authority established under Part 10 of the Assisted Reproductive Treatment Act 2008

108 Victorian Catchment Management Council established under Part 2 of the Catchment and Land Protection Act 1994

109 Victorian Coastal Council established under the Coastal Management Act 1995

110 Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011

111 Victorian Competition and Efficiency Commission established under the State Owned Enterprises Act 1992

112 Victorian Curriculum and Assessment Authority established under the Education and Training Reform Act 2006

113 Victorian Disability Advisory Council established under section 11 of the Disability Act 2006

114 Victorian Electoral Commission established under section 6 of the Electoral Act 2002

115 Victorian Environmental Assessment Council established under Part 2 of the Victorian Environmental Assessment Council Act 2001

Sch. 3


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116 Victorian Environmental Water Holder established under section 33DB of the Water Act 1989

117 Victorian Equal Opportunity and Human Rights Commission established under the Equal Opportunity Act 2010

118 Victorian Government Purchasing Board established under the Financial Management Act 1994

119 Victorian Health Promotion Foundation established under the Tobacco Act 1987

120 Victorian Institute of Forensic Medicine established under Part 9 of the Victorian Institute of Forensic Medicine Act 1985

121 Victorian Institute of Forensic Mental Health established under the Mental Health Act 1986

122 Victorian Institute of Teaching established under the Education and Training Reform Act 2006

123 Victorian Law Reform Commission established under section 4 of the Victorian Law Reform Commission Act 2000

124 Victorian Managed Insurance Authority established under the Victorian Managed Insurance Authority Act 1996

125 Victorian Rail Track continued under section 116 of the Transport Integration Act 2010

126 Victorian Registration and Qualifications Authority established under the Education and Training Reform Act 2006

127 Victorian Regional Channels Authority continued under section 141J of the Transport Integration Act 2010

128 Victorian Skills Commission established under the Education and Training Reform Act 2006

129 Victoria State Emergency Service Authority established under the Victoria State Emergency Service Act 2005

Sch. 3


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130 Victorian WorkCover Authority established under the Accident Compensation Act 1985

131 V/Line Corporation continued under section 128 of the Transport Integration Act 2010

132 A water corporation established or re-structured under Division 1 of Part 6 of the Water Act 1989

133 Zoological Parks and Gardens Board established under Part 2 of the Zoological Parks and Gardens Act 1995.

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Sch. 3


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ENDNOTES

1. General InformationThe Freedom of Information Regulations 2009, S.R. No. 33/2009 were made on 7 April 2009 by the Governor in Council under sections 5 and 66 of the Freedom of Information Act 1982, No. 9859/1982 and came into operation on 7 April 2009.

The Freedom of Information Regulations 2009 will sunset 10 years after the day of making on 7 April 2019 (see section 5 of the Subordinate Legislation Act 1994).

Endnotes


17

2. Table of AmendmentsThis Version incorporates amendments made to the Freedom of Information Regulations 2009 by statutory rules, subordinate instruments and Acts.

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Freedom of Information Amendment Regulations 2012, S.R. No. 112/2012Date of Making: 10.10.12Date of Commencement: 10.10.12

Freedom of Information Further Amendment Regulations 2012, S.R. No. 131/2012Date of Making: 27.11.12Date of Commencement: 1.12.12: reg. 3

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Endnotes


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3. Explanatory Details

Endnotes


19

1 Reg. 3(a): S.R. No. 41/1998 as amended by S.R. No. 161/2001 and extended in operation by S.R. No. 18/2008.2 Reg. 3(b): S.R. No. 161/2001.

Documents

Freedom of Information Regulations 2009FILE/09-33sr003.docx · Web view8Prescribed agencies—production of documents. ... 89Small Business Commissioner appointed under section