sec.264Application of Commonwealth FOI Act

sec.264 Application of Commonwealth FOI Act

The FOI Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework. For the purposes of subsection (1) , the FOI Act applies— as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Education and Care Services Freedom of Information Commissioner; and as if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and with any other modifications made by the national regulations. Without limiting subsection (2) , the national regulations may— provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the national regulations were omitted; or provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction. In this section— FOI Act means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time. s 264 amd 2017 No. 20 (Vic) s 134 sch 1 ; 2022 No. 13 (Vic) s 12 (sec.264-ssec.1) The FOI Act applies as a law of a participating jurisdiction for the purposes of the National Quality Framework. (sec.264-ssec.2) For the purposes of subsection (1) , the FOI Act applies— as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Education and Care Services Freedom of Information Commissioner; and as if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and with any other modifications made by the national regulations. (sec.264-ssec.3) Without limiting subsection (2) , the national regulations may— provide that the FOI Act applies under subsection (1) as if a provision of the FOI Act specified in the national regulations were omitted; or provide that the FOI Act applies under subsection (1) as if an amendment to the FOI Act made by a law of the Commonwealth, and specified in the national regulations, had not taken effect; or confer jurisdiction on a tribunal or court of a participating jurisdiction. (sec.264-ssec.4) In this section— FOI Act means the Freedom of Information Act 1982 of the Commonwealth, as in force from time to time.

• (a) as if a reference to the Office of the Australian Information Commissioner were a reference to the Office of the National Education and Care Services Freedom of Information Commissioner; and
• (b) as if a reference to the Information Commissioner were a reference to the National Education and Care Services Freedom of Information Commissioner; and
• (c) with any other modifications made by the national regulations.