Review of notices etc. provided by the Information Commissioner
42C Review of notices etc. provided by the Information Commissioner
S. 42C(1) amended by No. 31/2024 s. 113(Sch. 1 item 1.73).
Integrity Oversight Victoria may review the following provided to Integrity Oversight Victoria by the Information Commissioner under the specified sections of the Freedom of Information Act 1982 and the Privacy and Data Protection Act 2014—
a written report on the issue of a notice to produce or attend given under section 61ZD of the Freedom of Information Act 1982;
a copy of an audio or video recording and any transcript of an examination given under section 61ZH of the Freedom of Information Act 1982;
a written report on the issue of a notice to produce or attend given under section 83D of the Privacy and Data Protection Act 2014;
a copy of an audio or video recording and any transcript of an examination given under section 83GA of the Privacy and Data Protection Act 2014.
A review of a matter under subsection (1) must assess—
whether the requirements under the Freedom of Information Act 1982 or the Privacy and Data Protection Act 2014 (as the case may be) relating to that matter have been complied with; and
where the Information Commissioner has required a person to produce documents or things for the purposes of an investigation or for the dealing of a complaint—whether the requirement may reasonably be considered as assisting the Information Commissioner to achieve the purposes of the investigation or the dealing with of the complaint; and
where the matter relates to the questioning of a person attending an examination—whether the questioning may reasonably be considered as assisting the Information Commissioner to achieve the purposes of the investigation, the review or the dealing with of the complaint to which the examination relates.
S. 42C(3) amended by No. 31/2024 s. 113(Sch. 1 item 1.73(b)).
If Integrity Oversight Victoria considers that an audio or video recording provided by the Information Commissioner is no longer necessary for the purpose of reviewing the audio or video recording in accordance with this section, Integrity Oversight Victoria may—
return the audio or video recording to the Information Commissioner; or
destroy the audio or video recording.
S. 42D inserted by No. 21/2020 s. 88, amended by No. 31/2024 s. 113(Sch. 1 item 1.74), repealed by No. 35/2025 s. 94.
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S. 42E inserted by No. 21/2020 s. 88, amended by No. 31/2024 s. 113(Sch. 1 item 1.75), repealed by No. 35/2025 s. 95.
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S. 42F inserted by No. 27/2024 s. 168.
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