12Publicly-available information

12 Publicly-available information (1) Nothing in this Act or in any Information Privacy Principle or any data security standard applies to any information contained in a document that is— (a) a generally available publication; or (b) kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or (c) a public record under the control of the Keeper of Public Records that is available for public inspection in accordance with the **Public Records Act 1973**; or (d) archives within the meaning of the Copyright Act 1968 of the Commonwealth. (2) Subsection (1) does not take away from section 20(2) which imposes duties on a public sector agency or a Council in administering a public register. Part 3—Information privacy Division 1—Application of this Part 13 Public sector organisations to which this Part applies (1) Subject to subsection (2), this Part applies to the following— (a) a Minister; (b) a Parliamentary Secretary, including the Parliamentary Secretary of the Cabinet; (c) a public sector agency; (d) a Council; (e) a body established or appointed for a public purpose by or under an Act; (f) a body established or appointed for a public purpose by the Governor in Council, or by a Minister, otherwise than under an Act; (g) a person holding an office or position established by or under an Act (other than the office of member of the Parliament of Victoria) or to which the person was appointed by the Governor in Council, or by a Minister, otherwise than under an Act; (h) a court or tribunal; S. 13(1)(i) substituted by No. 21/2015 s. 3(Sch. 1 item 41.1). (i) Victoria Police; (j) a contracted service provider, but only in relation to its provision of services under a State contract which contains a provision of a kind referred to in section 17(2); (k) any other body that is declared, or to the extent that it is declared, by an Order under subsection (3)(a) to be an organisation for the purposes of this subsection. (2) This Part does not apply to a person or body referred to in subsection (1) that is— (a) a Commonwealth-regulated organisation; or (b) declared, or to the extent that it is declared, by an Order under subsection (3)(b) not to be an organisation for the purposes of subsection (1)(e), (f) or (g). (3) The Governor in Council may, on the recommendation of the Minister, by Order published in the Government Gazette— (a) declare a body to be, either wholly or to the extent specified in the Order, an organisation for the purposes of subsection (1); or (b) declare a body referred to in subsection (1)(e) or (f), or a person holding an office or position referred to in subsection (1)(g), not to be an organisation for the purposes of that subsection, either wholly or to the extent specified in the Order. (4) The Minister may only recommend to the Governor in Council the making of an Order under subsection (3)(b) in respect of a body or person if satisfied that— (a) another scheme (whether contained in an enactment or given legislative force by an enactment) would apply to the collection, holding, management, use, disclosure and transfer by that body or person of personal information if that person or body were not an organisation for the purposes of subsection (1), either wholly or to the extent specified in the Order; and (b) the collection, holding, management, use, disclosure and transfer by that body or person of personal information is more appropriately governed by that other scheme.