The right of any person to access documents held by government agencies, except documents excluded by legislation. A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 1982 (Vic)
Under the Freedom of Information Act 1982 (Vic) (‘FoI Act (Vic)’), individuals have the right to access and correct documents containing their personal information that are held by public sector organisations. However, under section 33 of the FoI Act (Vic), a document is exempt from a freedom of information application if releasing it would unreasonably disclose information about the personal affairs of any person (including a deceased person). The exemption does not generally apply if the personal information relates to the applicant only. If a decision is made to grant access to a document containing personal information, then (if practicable) the individual (or in the case of a deceased person, their next of kin) should be notified and advised of their right of The review of the decision of a lower court by a higher court. If an appeal is successful, the higher court can change the lower court’s decision. to VCAT. (See Chapter 12.5: Freedom of information law.)
Public Records Act 1973 (Vic)
The Public Records Act 1973 (Vic) imposes obligations on public sector organisations relating to the retention and disposal of public records. These obligations override any conflicting provisions in the PDP Act or HR Act. Where public records transferred to the Public Records Office contain information of a private or personal nature, the government minister responsible can declare that the records should not be available for public inspection for a specified period of time.
Surveillance Devices Act 1999 (Vic)
The Surveillance Devices Act 1999 (Vic) regulates the installation, use and Money paid to a person to financially support them. When a couple has separated both parents have a duty to support their children, and a court can order a parent to make regular payments to support the children. Maintenance for a spouse is now less common, and must be applied for within 12 months of a divorce. It is usually covered in a final settlement of all property. of surveillance devices throughout Victoria, and the communication and publication of surveillance records. Breaching this Act is a criminal A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious)..
In August 2010, in Surveillance in public places: Final report, the Victorian Law Reform Commission recommended two courses of action: one dealing with misuse of private information, the other with intrusion upon seclusion, or unwarranted interference with spatial privacy. No changes have resulted from the report at this stage.
Telecommunications (Interception) (State Provisions) Act 1988 (Vic)
The Telecommunications (Interception) (State Provisions) Act 1988 (Vic) (‘Telecommunications Act (Vic)’) enables the Independent Broad-based Anti-corruption Commission and Victoria Police to intercept telecommunications in accordance with the Telecommunications (Interception and Access) Act 1979 (Cth).
The Telecommunications Act (Vic) provides safeguards and oversight by creating a public interest monitor who must be notified of all applications for a A document issued by a court directing an officer to take certain action. May be a warrant of apprehension, directing that a person be arrested and brought before a court; a warrant of commitment, directing that a person be arrested and imprisoned; a warrant of distress, directing that a person’s goods be seized to satisfy a debt; or a warrant of seizure and sale of real estate. under the Commonwealth Act, including matters that are adverse to granting a warrant.
The Telecommunications Act (Vic) also imposes strict record-keeping requirements, limits access to records of information from the interceptions, and requires a destruction regime. It also provides for a Victorian inspectorate who must inspect records of interceptions and report on any contravention of the Statutory rules made by parliament or by bodies the parliament delegates power to, for example a local council or a registration authority. See delegated legislation; statute..