Yoorrook Justice Commission record order
10AAB Yoorrook Justice Commission record order
The Keeper of Public Records must comply with a Yoorrook Justice Commission record order to the extent that it is reasonably practicable to do so.
The Keeper of Public Records must ensure that a record in respect of which a Yoorrook Justice Commission record order has been made is available for inspection by any person who is specified in that order as an author of the record.
If a person who is specified as an author of a record in a Yoorrook Justice Commission record order requests a copy of the record in respect of which the order was made, the Keeper of Public Records must give that person a copy of the record.
The Keeper of Public Records must ensure that an employee referred to in section 6(1) does not access a record in respect of which a Yoorrook Justice Commission record order has been made unless it is for any one or more of the following purposes—
the transfer of the record to the custody of the Public Record Office;
the maintenance and security of the record;
the preservation of the record;
to respond to a requirement to produce the record to a court or Victorian tribunal;
to respond to a request for the record from—
the Auditor‑General; or
the Ombudsman; or
the IBAC; or
the Victorian Inspectorate or Integrity Oversight Victoria (as the case requires); or
a Royal Commission or Board of Inquiry;
to respond to a request for the record made under the Freedom of Information Act 1982;
Note
The Freedom of Information Act 1982 does not apply to a document that is subject to a Yoorrook Justice Commission record order for the period of 99 years, beginning on the day on which the document is transferred to the Department of Premier and Cabinet under section 124 of the Inquiries Act 2014—see section 125 of the Inquiries Act 2014.
to respond to a request for the record from a person or body—
that is empowered to request the record under an enactment; or
that can properly request the record or is required to request the record by law;
to make the record available in accordance with the order or to otherwise comply with the order.
The Keeper of Public Records must not access a record in respect of which a Yoorrook Justice Commission record order has been made unless it is for a purpose set out in subsection (4).
In subsection (4)—
a reference to responding to a request or requirement for a record includes a reference to assisting in the response to a request or requirement for the record; and
a reference to a request for a record includes a request for a class of records that includes the record.
In this section—
Yoorrook Justice Commission record order has the same meaning as in section 3 of the Inquiries Act 2014.
S. 10A inserted by No. 29/1994 s. 81.
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