Version incorporating amendments as at
25 March 2025
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provision 1
3 Commencement 1
4 Revocations 1
5 Definition 2
6 Prescribed authorities 2
7 Prescribed offices 2
8 Prescribed persons or bodies—relevant authority 2
9 Prescribed persons or bodies—referral for investigation 2
10 Confidentiality notices 3
Schedule 1—Prescribed authorities 4
Schedule 2—Prescribed persons and bodies 5
Schedule 3—Forms 6
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Endnotes 12
1 General information 12
2 Table of Amendments 14
3 Explanatory details 15
Version No.003
Freedom of Information Regulations 2019
S.R. No. 25/2019
Version incorporating amendments as at
25 March 2025
1 Objectives
The objectives of these Regulations are—
(a) to declare certain bodies to be prescribed authorities for the purposes of the Freedom of Information Act 1982; and
(b) to prescribe certain offices for the purposes of section 5(3)(a) of that Act; and
Reg. 1(c) amended by S.R. No. 155/2019 reg. 5(1).
(c) to prescribe the persons and bodies to which the Information Commissioner may refer matters; and
Reg. 1(d) inserted by S.R. No. 155/2019 reg. 5(2).
(d) to prescribe other matters necessary to be prescribed under the Freedom of Information Act 1982.
2 Authorising provision
These Regulations are made under section 66 of the Freedom of Information Act 1982.
3 Commencement
These Regulations come into operation on 5 April 2019.
4 Revocations
The following Regulations are revoked—
(a) the Freedom of Information Regulations 2009[1];
(b) the Freedom of Information Amendment Regulations 2012[2];
(c) the Freedom of Information Further Amendment Regulations 2012[3];
(d) the Freedom of Information Amendment Regulations 2015[4].
5 Definition
In these Regulations—
the Act means the Freedom of Information Act 1982.
6 Prescribed authorities
For the purposes of paragraph (b) of the definition of prescribed authority in section 5(1) of the Act, each body specified in Schedule 1 is declared to be a prescribed authority for the purposes of the Act.
7 Prescribed offices
For the purposes of section 5(3)(a) of the Act, the following are prescribed offices—
(a) the Director of Public Prosecutions;
(b) the Public Advocate;
(c) the Solicitor-General.
8 Prescribed persons or bodies—relevant authority
For the purposes of section 49O(5) of the Act, a person or body specified in Schedule 2 is prescribed as a relevant authority.
9 Prescribed persons or bodies—referral for investigation
For the purposes of section 61L(8) of the Act, a person or body specified in Schedule 2 is prescribed.
Reg. 10 inserted by S.R. No. 155/2019 reg. 6.
10 Confidentiality notices
For the purposes of section 61TJ(2)(a) of the Act, the prescribed form of a confidentiality notice is Form 1 in Schedule 3.
Schedule 1—Prescribed authorities
Regulation 6
Appeal Costs Board
Denominational hospitals listed in Schedule 2 to the Health Services Act 1988
Disciplinary Appeals Boards
Electoral Boundaries Commission
Firearms Appeals Committee
Food Safety Council
Land Tax Hardship Relief Board
Medical Panels
Mental Health Tribunal
Merit Protection Boards
Professional Boxing and Combat Sports Board
Public Records Advisory Council
Racing Victoria within the meaning of the Racing Act 1958
Royal Society for the Prevention of Cruelty to Animals
TAFE institutes created under section 3.1.11 of the Education and Training Reform Act 2006
Victoria Grants Commission
Victorian Independent Remuneration Tribunal
Victorian Legal Admissions Board
Victorian Legal Services Board
Victorian Multicultural Commission
Victorian Veterans Council
WorkCover Advisory Committee
Yooralla Society of Victoria
Sch. 2 amended by S.R. No. 7/2025 reg. 4.
Schedule 2—Prescribed persons and bodies
Regulations 8 and 9
1 Auditor-General appointed under section 94A of the Constitution Act 1975
2 Chief Commissioner of Police appointed under section 17 of the Victoria Police Act 2013
3 Health Complaints Commissioner appointed under section 111 of the Health Complaints Act 2016
4 The Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011
5 Ombudsman appointed under section 3 of the Ombudsman Act 1973
6 Racing Integrity Commissioner appointed under section 37A of the Racing Act 1958
7 Road Safety Camera Commissioner appointed under section 5 of the Road Safety Camera Commissioner Act 2011
8 Integrity Oversight Victoria established under section 8 of the Integrity Oversight Victoria Act 2011
Sch. 3 inserted by S.R. No. 155/2019 reg. 7.
Schedule 3—Forms
Sch. 3 Form 1 amended by S.R. No. 7/2025 reg. 5.
FORM 1
Regulation 10
Freedom of Information Act 1982
Confidentiality Notice
To: [insert name of person subject to confidentiality notice]
Address: [insert address details]
THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.
FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.
PENALTIES INCLUDING IMPRISONMENT MAY APPLY.
1. What is this notice?
This confidentiality notice is issued under section 61TJ of the Freedom of Information Act 1982 in respect of the following restricted matters:
[specify restricted matter or matters]
Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed "When are you authorised to disclose information?".
If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.
2. Why have you been given this notice?
You have been given this notice because the Information Commissioner considers that your disclosure of any of the restricted matters described above would be likely to prejudice:
• an investigation by the Independent Broad-based Anti-corruption Commission ("IBAC") or Integrity Oversight Victoria; or
• the safety or reputation of a person; or
• the fair trial of a person who has been, or may be, charged with an offence.
3. When are you authorised to disclose information?
Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.
If a person or an organisation does not appear under "You can disclose this restricted matter:" or under "Can you disclose in any other circumstances?", then you cannot disclose the restricted matter to that person or organisation. For example, if "your spouse or domestic partner" does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.
Restricted matter: [Specify restricted matter or matters] You can disclose this restricted matter: * ✓ to your spouse or domestic partner.* ✓ to your employer or your manager or both.* ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued.* ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.* ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding.
The Information Commissioner has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner.
✗ to your employer or your manager.* ✗ to a registered health practitioner.* ✗ to a trade union.* ✗ to an employee assistance program.* ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim.* ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding.
[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]
Can you disclose in any other circumstances?
You are always permitted to disclose a restricted matter in the following circumstances—
• to the IBAC if the IBAC—
referred the complaint to which the restricted matter relates to the Information Commissioner; and
has withdrawn that referral;
• for the purposes of making a complaint to Integrity Oversight Victoria or the IBAC;
• for the purposes of complying with a witness summons served on you by Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011 or by the IBAC under the Independent Broad-based Anti‑corruption Commission Act 2011;
• to Victoria Police if—
the Information Commissioner has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and
the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;
• if the Information Commissioner directs you or authorises you to disclose a restricted matter;
• if the disclosure is authorised or required by the Freedom of Information Act 1982;
• if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:
• to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;
• to a parent, guardian or independent person if you are under the age of 18 years;
• to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;
• to a legal practitioner for the purposes of obtaining legal advice or representation in relation to an investigation by the Information Commissioner under the Freedom of Information Act 1982, or your rights, liabilities, obligations and privileges under:
• the Freedom of Information Act 1982;
• the Public Interest Disclosures Act 2012;
• the Independent Broad-based Anti-corruption Commission Act 2011;
• the Integrity Oversight Victoria Act 2011;
• the Ombudsman Act 1973;
• the Fair Work Act 2009 of the Commonwealth;
• if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;
• if the restricted matter disclosed is information that has been made public in accordance with the Freedom of Information Act 1982 or any other Act;
• if the restricted matter disclosed is information that has been published in a report by the Information Commissioner, the Integrity and Oversight Committee or any of the following investigating entities:
• the IBAC;
• Victoria Police;
• the Victorian Ombudsman;
• Integrity Oversight Victoria;
• the Judicial Commission, including an investigating panel appointed by the Judicial Commission;
• the Racing Integrity Commissioner;
• the Chief Municipal Inspector;
• the Parliamentary Workplace Standards and Integrity Commission.
Your obligations if you make a permitted disclosure
If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.
4. When does this confidentiality notice expire?
This confidentiality notice expires on the date when the first of the following events occurs:
• the Information Commissioner cancels this confidentiality notice and issues you with a new one that includes different restricted matters;
• the Information Commissioner cancels this confidentiality notice and issues you with a new one because the Commissioner considers on reasonable grounds that disclosure of a particular restricted matter specified in the notice would no longer have the effect of prejudicing—
• an investigation by the IBAC or Integrity Oversight Victoria; or
• the safety or reputation of a person; or
• the fair trial of a person who has been, or may be, charged with an offence;
• the Information Commissioner cancels this confidentiality notice because the Commissioner considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in the notice would no longer have the effect of prejudicing—
• an investigation by the IBAC or Integrity Oversight Victoria; or
• the safety or reputation of a person; or
• the fair trial of a person who has been, or may be, charged with an offence;
• unless the Supreme Court has ordered the extension of this confidentiality notice, when the Information Commissioner cancels this confidentiality notice at the conclusion of the investigation;
• if the date on which this confidentiality notice expires is extended by the Supreme Court, the date on which the period of extension expires.
5. Where can I get more information about this confidentiality notice?
A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.
You can also obtain legal advice about this confidentiality notice from a legal practitioner.
[attach:
a copy of sections 61TJ(3) to (7), 61TK and 61TM of theFreedom of Information Act 1982and an explanation of the effect of those provisions;
if applicable, a copy of Part 7 of thePublic Interest Disclosures Act 2012.]
[signature]
[name]
[title]
[date]
*Delete if not applicable.
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Freedom of Information Regulations 2019, S.R. No. 25/2019 were made on 2 April 2019 by the Governor in Council under section 66 of the Freedom of Information Act 1982, No. 9859/1982 and came into operation on 5 April 2019: regulation 3.
The Freedom of Information Regulations 2019 will sunset 10 years after the day of making on 2 April 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Freedom of Information Regulations 2019 by statutory rules, subordinate instruments and Acts.
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑