13Complaints and compliance notices

13 Complaints and compliance notices (1) This Act applies to a complaint made but not declined, referred or finally determined under the **Information Privacy Act 2000** before the commencement day as if the complaint had been made under section 58 of this Act. (2) This Act applies to a compliance notice served under section 44 of the **Information Privacy Act 2000** but not set aside before the commencement day as if the compliance notice had been served under section 78 of this Act. 14 Annual reports under Commissioner for Law Enforcement Data Security Act 2005 for reporting periods which end before commencement day (b) the Commissioner for Law Enforcement Data Security has not made a report to the Minister under section 17 of the **Commissioner for Law Enforcement Data Security Act 2005** for that reporting period before that day. (2) On and after the commencement day, the Commissioner must, for the reporting period, make a report to the Minister under section 17 of the **Commissioner for Law Enforcement Data Security Act 2005**. (3) Section 17 of the **Commissioner for Law Enforcement Data Security Act 2005** applies for the purposes of subclause (2) as if that section had not been repealed. 15 Annual reports under Commissioner for Law Enforcement Data Security Act 2005 for reporting periods which end on or after commencement day (1) This clause applies if a reporting period ends on or after the commencement day. (2) On and after the commencement day, the Commissioner must, for the reporting period, make a report to the Minister under section 17 of the **Commissioner for Law Enforcement Data Security Act 2005** and include that report as part of the Commissioner's first report after the end of the reporting period under section 116. (3) Section 17 of the **Commissioner for Law Enforcement Data Security Act 2005** applies for the purposes of subclause (2) as if that section had not been repealed. 16 Annual reports under Commissioner for Law Enforcement Data Security Act 2005 that have not been laid before Parliament (a) a report has been made to the Minister under section 17 of the **Commissioner for Law Enforcement Data Security Act 2005** before the commencement day; and (b) that report has not been laid before each House of Parliament in accordance with that section before that day. (2) Despite the repeal of section 17 of the **Commissioner for Law Enforcement Data Security Act 2005**, subsection (2) of that section continues to apply in respect of that report. Sch. 3 repealed by No. 60/2014 s. 141, new Sch. 3 inserted by No. 20/2017 s. 105. Schedule 3—Transitional provisions—Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017 1 Definition In this Schedule— ***commencement day*** means the day on which Part 3 of the **Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017** comes into operation. 2 Office of Commissioner for Privacy and Data Protection abolished (a) the office of the Commissioner for Privacy and Data Protection is abolished and the person holding that office and any person acting in that office go out of office; and (b) all rights, property and assets that, immediately before that day, were vested in the office of the Commissioner for Privacy and Data Protection are, by force of this clause, vested in the Office of the Victorian Information Commissioner; and (c) all debts, liabilities and obligations of the office of the Commissioner for Privacy and Data Protection existing immediately before that day become, by force of this clause, debts, liabilities and obligations of the Office of the Victorian Information Commissioner; and (d) the Information Commissioner is, by force of this clause, substituted as a party to any proceeding pending in any court or tribunal to which the Commissioner for Privacy and Data Protection was a party immediately before that day; and (e) the Information Commissioner is, by force of this clause, substituted as a party to any arrangement or contract entered into by or on behalf of the Commissioner for Privacy and Data Protection as a party and in force immediately before that day. 3 References to Commissioner for Privacy and Data Protection On the commencement day any reference to the Commissioner for Privacy and Data Protection in any Act (other than this Act) or in any rule, regulation, order, agreement, instrument, deed or other document (by whatever name called or however described) must, so far as it relates to any period on or after that day and if not inconsistent with the context or subject matter, be construed as a reference to the Information Commissioner, in the Information Commissioner's capacity under this Act. 4 Staff On the commencement day, any staff employed under Part 3 of the **Public Administration** **Act 2004** immediately before the commencement day by the Commissioner for Privacy and Data Protection are taken to be employed by the Information Commissioner under section 6Q of the **Freedom of Information Act 1982**. 5 Codes of practice This Act as in force on and after the commencement day applies to any application to approve a code of practice or amend an approved code of practice that was received but not approved before the commencement day. 6 Public interest determinations This Act as in force on and after the commencement day applies to any application for a public interest determination or a temporary public interest determination that was received but not determined before the commencement day. 7 Information usage arrangements This Act as in force on and after the commencement day applies in relation to any application to approve an information usage arrangement or amend an approved information usage arrangement that was received but not approved before the commencement day and anything done under this Act as in force before the commencement day in relation to that application has effect for that purpose. 8 Complaints This Act as in force immediately before the commencement day continues to apply in relation to any complaint made under Division 8 of Part 3 but not determined before the commencement day as if any reference to the Commissioner for Privacy and Data Protection were a reference to the Information Commissioner. 9 Compliance notices This Act as in force immediately before the commencement day continues to apply in relation to a written notice given before the commencement day under section 79, as in force immediately before its substitution, as if any reference to the Commissioner for Privacy and Data Protection were a reference to the Information Commissioner. 10 Protective data security standards The Information Commissioner may amend, revoke or reissue in accordance with section 87 a protective data security standard issued and in force before the commencement day. 11 Law enforcement data security standards The Information Commissioner may amend, revoke or reissue in accordance with section 92 a law enforcement data security standard issued and in force before the commencement day. 12 Reports for reporting periods which end before commencement day (b) the Commissioner for Privacy and Data Protection has not prepared an annual report referred to in section 116 for that reporting period before that day. (2) On and after the commencement day, the Information Commissioner must prepare an annual report for the reporting period in accordance with section 116. (3) The annual report may be prepared as a composite report with the report prepared under clause 14 of Schedule 1 to the **Freedom of Information Act 1982**. 13 Annual reports for reporting periods which end on or after the commencement day (1) This clause applies if a reporting period ends on or after the commencement day. (2) On and after the commencement day, the Information Commissioner must prepare a report in accordance with section 116 for the part of the reporting period occurring before the commencement day and include that report in the Information Commissioner's first report under that section after the end of the reporting period. (3) In this clause— 14 Report to Minister (1) This clause applies if the Commissioner for Privacy and Data Protection has not prepared a report requested under section 111 before the commencement day. (2) On and after the commencement day, the Information Commissioner must prepare the report in accordance with section 111 as in force before the commencement day. ═══════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 12 June 2014* *Legislative Council: 7 August 2014* The long title for the Bill for this Act was "A Bill for an Act to provide for responsible collection and handling of personal information in the Victorian public sector, to establish a protective data security regime, to repeal the **Information Privacy Act 2000** and the **Commissioner for Law Enforcement Data Security Act 2005**, to make consequential amendments to other Acts and for other purposes." The **Privacy and Data Protection Act 2014** was assented to on 2 September 2014 and came into operation as follows: Sections 129–136 on 3 September 2014: section 2(2); sections 1–128, 138–141 on 17 September 2014: Special Gazette (No. 317) 16 September 2014 page 1; section 137 on 1 July 2015: section 2(3). 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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Privacy and Data Protection Act 2014** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Privacy and Data Protection Act 2014, No. 60/2014** | Assent Date: | 2.9.14 | | Commencement Date: | Ss 129–136 on 3.9.14: s. 2(2); s. 141 on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1; s. 137 on 1.7.15: s. 2(3); s. 130(4) inserted on 26.4.21 by No. 11/2021 s. 170: s. 2(2) | | Note: | S. 141 repealed Pt 9 (ss 129–141) and Sch. 3 on 9.12.15; s. 130(4) repealed s. 130 on 26.4.23 | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Inquiries Act 2014, No. 67/2014** | Assent Date: | 23.9.14 | | Commencement Date: | S. 147(Sch. 2 item 28) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Statute Law Revision Act 2015, No. 21/2015** | Assent Date: | 16.6.15 | | Commencement Date: | S. 3(Sch. 1 item 41) on 1.8.15: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Health Complaints Act 2016, No. 22/2016** | Assent Date: | 3.5.16 | | Commencement Date: | S. 240 on 1.2.17: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Fines Reform and Infringements Acts Amendment Act 2016, No. 29/2016** | Assent Date: | 31.5.16 | | Commencement Date: | S. 111 on 31.12.17: s. 2(5) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Powers of Attorney Amendment Act 2016, No. 64/2016** | Assent Date: | 15.11.16 | | Commencement Date: | S. 16 on 1.5.17: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Medical Treatment Planning and Decisions Act 2016, No. 69/2016** | Assent Date: | 29.11.16 | | Commencement Date: | S. 158 on 12.3.18: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017** | *Assent Date:* | 16.5.17 | | *Commencement Date:* | Ss 78–106 on 1.9.17: s. 2(3) | | *Current State:* | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017** (as amended by No. 60/2017) | Assent Date: | 14.6.17 | | Commencement Date: | Ss 20–22 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1 | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017** | Assent Date: | 8.11.17 | | Commencement Date: | S. 50 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1 | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Victorian Data Sharing Act 2017, No. 60/2017** | Assent Date: | 5.12.17 | | Commencement Date: | S. 34 on 6.12.17: s. 2 | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018** | *Assent Date:* | 10.4.18 | | *Commencement Date:* | S. 43 on 11.4.18: Special Gazette (No. 164) 10.4.18<br>p. 1; s. 31 on 27.9.18: Special Gazette (No. 405) 4.9.18 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Serious Offenders Act 2018, No. 27/2018** | Assent Date: | 26.6.18 | | Commencement Date: | S. 362 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Integrity and Accountability Legislation Amendment (Public Interest Disclosures, Oversight and Independence) Act 2019, No. 2/2019** | *Assent Date:* | 5.3.19 | | *Commencement Date:* | S. 209 on 6.3.19: s. 2(1); s. 145 on 1.1.20: s. 2(3) | | *Current State:* | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Guardianship and Administration Act 2019, No. 13/2019** | Assent Date: | 4.6.19 | | Commencement Date: | S. 221(Sch. 1 item 39) on 1.3.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Children Legislation Amendment Act 2019, No. 30/2019** | Assent Date: | 17.9.19 | | Commencement Date: | S. 19 on 18.9.19: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Health Legislation Amendment and Repeal Act 2019, No. 34/2019** | Assent Date: | 22.10.19 | | Commencement Date: | S. 87 on 27.8.20: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Local Government Act 2020, No. 9/2020** | Assent Date: | 24.3.20 | | Commencement Date: | S. 390(Sch. 1 item 80) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021** | Assent Date: | 23.3.21 | | Commencement Date: | Ss 164–170 on 26.4.21: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Terrorism (Community Protection) Amendment Act 2021, No. 47/2021** | Assent Date: | 3.11.21 | | Commencement Date: | S. 28 on 2.9.22: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Mental Health and Wellbeing Act 2022, No. 39/2022** | Assent Date: | 6.9.22 | | Commencement Date: | S. 853 on 1.9.23: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | **Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024** | Assent Date: | 10.9.24 | | Commencement Date: | Ss 51–61 on 11.9.24: s. 2(1); s. 113(Sch. 1 item 26) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 | | Current State: | This information relates only to the provision/s amending the **Privacy and Data Protection Act 2014** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.