52IRecords subject to a Yoorrook Justice Commission record order only accessible for certain purposes

52I Records subject to a Yoorrook Justice Commission record order only accessible for certain purposes

(1) The Secretary must ensure that a person employed in the Department of Premier and Cabinet under Part 3 of the Public Administration Act 2004 does 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 (3).

(2) The Secretary 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 (3).

(3) The purposes are—

(a) the transfer of the record to the custody of the Public Record Office; or

(b) the maintenance and security of the record; or

(c) the preservation of the record; or

(d) to respond to a requirement to produce the record to a court or Victorian tribunal; or

(e) to respond to a request for the record from—

(i) the Auditor‑General; or

(ii) the Ombudsman; or

(iii) the IBAC; or

(iv) the Victorian Inspectorate or Integrity Oversight Victoria (as the case requires); or

(v) a Royal Commission or Board of Inquiry; or

(f) to respond to a request for the record made under the Freedom of Information Act 1982; or

The Freedom of Information Act 1982 does not apply to a document that is subject to a Yoorrook Justice Commission record order for the specified period—see section 125.

(g) to respond to a request for the record from a person or body—

(i) that is empowered to request the record under an enactment; or

(ii) that can properly request the record or is required to request the record by law; or

(h) to make an archive of the website of the Yoorrook Justice Commission; or

(i) to make the record available in accordance with the order or to otherwise comply with the order.

(4) This section applies before, and continues to apply after, a record in respect of which a Yoorrook Justice Commission record order has been made is transferred to the Public Record Office under section 124.

(5) In subsection (3), a reference to a request for a record includes a reference to a request for a class of records that includes the record.

Part 3—Boards of Inquiry

Division 1—Establishment of Boards of Inquiry

53 Establishment of Board of Inquiry by Order in Council

(1) On the recommendation of the Premier, the Governor in Council, by Order in Council published in the Government Gazette, may appoint any one or more natural persons to constitute a Board of Inquiry to inquire into and report on the terms of reference specified in the Order.