94HAccess to information

94H Access to information There is to be in force at all times as part of the laws of Victoria an Act the objectives and functions of which are to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information by creating a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies. Part VI—Relation of public officers to political affairs No. 6224 s. 415. 95 Officers in the public service not to take part in political affairs (1) A person employed in any capacity (whether permanently or temporarily) in the service of the State of Victoria shall not— (a) publicly comment upon the administration of any department of the State of Victoria; (b) use except in or for the discharge of his official duties any information gained by or conveyed to him through his connexion with the public service; or (c) directly or indirectly use or attempt to use any influence with respect to the remuneration or position of himself or of any person in the public service. S. 95(2) amended by Nos 9788 s. 3(1)(b)(i), 9921 s. 255, 2/1990 s. 7(2), 46/1998 (2) Any person who contravenes this section shall on proof thereof to the satisfaction of body or person to which or whom he is subject in matters of discipline (as the case requires) be liable to a fine not exceeding $100 and in addition to such fine may be reduced in class subdivision grade status or salary or dismissed or have his services dispensed with. (3) This section— S. 95(3)(a) amended by Nos 9788 s. 3(1)(b)(ii), 9921 s. 255, 10029 s. 22, 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 40), 24/2006 s. 6.1.2(Sch. 7 item 8.2), 6/2010 s. 203(1) (Sch. 6 item 9.2) (as amended by No. 45/2010 s. 22), 37/2014 s. 10(Sch. item 27.2). (a) shall apply to every person employed as aforesaid notwithstanding that he may not be subject to the **Public Administration Act 2004** or the **Education and Training Reform Act 2006** or the **Transport (Compliance and Miscellaneous) Act 1983** or the **Transport Integration Act 2010** or the **Victoria Police Act 2013**; S. 95(3)(b) amended by No. 24/1996 s. 34(b). (b) shall not apply to officers in the service of the Parliament, but the Governor in Council on the joint recommendation of the presiding officers may make regulations applying to such officers in relation to matters referred to herein. Pt 7 (Heading and ss 96, 97) inserted by No. 37/2003 s. 5. Part VII—Delivery of water services New s. 96 inserted by No. 37/2003 s. 5. 96 Definitions S. 96 def. of *public authority* amended by No. 9/2020 s. 390(Sch. 1 item 17). ***public authority*** means— (a) a public statutory authority; or (b) a Council within the meaning of the **Local Government Act 2020**; or (c) a company (within the meaning of the Corporations Act) all the shares in which are held by or on behalf of the State; or (d) an Agency Head within the meaning of the **Public Sector Management and Employment Act 1998** who is a corporation sole; ***public statutory authority*** means a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose but does not include a company (within the meaning of the Corporations Act) in which all the shares are not held by or on behalf of the State; ***water legislation*** means the **Water Act 1989**, the **Water Industry Act 1994** or the **Melbourne and Metropolitan Board of Works Act 1958**; ***water service*** means a service relating to— (a) water supply; or (b) sewerage; or (c) irrigation; or (d) water collection and storage; or (e) sewage treatment— for ensuring the delivery of which a public authority has responsibility under water legislation, including under a licence issued under water legislation. S. 97 inserted by No. 37/2003 s. 5. 97 Delivery of water services (1) If at any time on or after the commencement of section 5 of the **Constitution (Water Authorities) Act 2003** a public authority has responsibility for ensuring the delivery of a water service, that or another public authority must continue to have that responsibility. (2) A public authority that, at any time on or after the commencement of section 5 of the **Constitution (Water Authorities) Act 2003**, has responsibility for ensuring the delivery of a water service must, while it has that responsibility, be accountable to a responsible Minister of the Crown for ensuring the delivery of that service. (3) Nothing in this section prevents a public authority that has responsibility for ensuring the delivery of a water service entering into an arrangement of any kind with a person or body (including an independent contractor) relating to the delivery of that service while itself retaining that responsibility and remaining accountable to a responsible Minister of the Crown for ensuring the delivery of that service. (4) Nothing in this section prevents the making of an alteration to the structure, composition or membership of a public authority that has responsibility for ensuring the delivery of a water service if the alteration does not affect its status or the status of a successor body as a public authority accountable to a responsible Minister of the Crown for ensuring the delivery of that service. Pt 8 (Heading and s. 96) repealed by No. 24/1996 s. 34(c), new Pt 8 (Heading and ss 98, 99) inserted by No. 8/2021 s. 4. Part VIII—Maintaining the prohibitions on hydraulic fracturing and coal seam gas exploration and mining S. 98 inserted by No. 8/2021 s. 4. 98 Purpose of this Part The purpose of this Part is to constrain the power of the Parliament to make laws repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining, in order to ensure that the prohibitions, or prohibitions that are no less onerous, remain in force at all times as part of the law of Victoria. S. 99 inserted by No. 8/2021 s. 4. 99 Parliament's legislative power constrained in relation to repealing, altering or varying provisions that prohibit hydraulic fracturing and coal seam gas exploration and mining (1) The Parliament may not by any Act, whether expressly or by implication, repeal, alter or vary any of the following— (a) section 16A of the **Petroleum Act 1998**, which prohibits hydraulic fracturing in the course of carrying out a petroleum operation; (b) section 8AD of the **Mineral Resources (Sustainable Development) Act** **1990**, which prohibits hydraulic fracturing on land by the holder of an exploration licence, a mining licence or a retention licence, in the course of carrying out exploration or mining under the licence; (c) section 8AC of the **Mineral Resources (Sustainable Development) Act** **1990**, which prohibits carrying out exploration for, or mining of, coal seam gas on land; (d) section 15(1BAA) of the **Mineral Resources (Sustainable Development) Act** **1990**, which prohibits the Minister accepting an application for an exploration licence, a mining licence or a retention licence, to the extent that it specifies that the licence is to relate to coal seam gas; (e) a provision of an Act to the extent that the provision is necessary for the effective operation of a provision referred to in paragraph (a), (b), (c) or (d). (2) Despite subsection (1), the Parliament may by any Act repeal, alter or vary a provision referred to in that subsection if the repeal, alteration or variation— (a) substitutes for the provision one or more other provisions that have the same effect; or (b) repeals and re-enacts the provision; or (c) makes editorial changes that do not derogate from the substantive operation of the provision including, but not limited to, any of the following changes— (i) changes made to correct typographical, grammatical or clerical errors; (ii) changes to numbering; (iii) changes of references to a re‑named entity or Act; (iv) changes of a consequential nature that are required because of amendments or repeals of any Act, alterations in the arrangements relating to the machinery of government (however described), or for any other reason; or (d) increases the penalty for contravening the provision; or (e) widens the class of persons liable to a penalty for contravening the provision. (3) Without limiting subsection (1), an Act is taken to repeal, alter or vary a provision referred to in that subsection if the Act— (a) reduces the penalty for contravening the provision; or (b) narrows the class of persons liable to a penalty for contravening the provision; or (c) reduces the geographical area to which the provision applies. (4) In this section— ***coal seam gas*** has the same meaning as in section 4(1) of the **Mineral Resources (Sustainable Development) Act 1990**; ***commencement day*** means the day on which section 4 of the **Constitution Amendment (Fracking Ban) Act 2021** commences; ***exploration*** has the same meaning as in section 4(1) of the **Mineral Resources (Sustainable Development) Act 1990**; ***exploration licence*** means an exploration licence under Part 2 of the **Mineral Resources (Sustainable Development) Act 1990**; ***hydraulic fracturing*** has the same meaning as in section 4(1) of the **Mineral Resources (Sustainable Development) Act 1990**; ***Mineral Resources (Sustainable Development) Act 1990*** means the **Mineral Resources (Sustainable Development) Act 1990** as in force immediately before the commencement day; ***mining*** has the same meaning as in section 4(1) of the **Mineral Resources (Sustainable Development) Act 1990**; ***mining licence*** means a mining licence under Part 2 of the **Mineral Resources (Sustainable Development) Act 1990**; ***Petroleum Act 1998*** means the **Petroleum Act** **1998** as in force immediately before the commencement day; ***petroleum operation*** has the meaning given by section 4 of the **Petroleum Act** **1998**; ***retention licence*** means a retention licence under Part 2 of the **Mineral Resources (Sustainable Development) Act 1990**. Pt 9 (Heading and ss 100–107) inserted by No. 36/2024 s. 4. Part IX—The SEC S. 100 inserted by No. 36/2024 s. 4.