Independence
How can you have confidence that Privacy Victoria is independent?
How can people rely on an office that is part of government to regulate other parts of government?
How can people feel confident that Privacy Victoria will handle their privacy complaint securely and independently when the complaint might relate to some other parts of the Victorian Government?
These are understandable questions. They are of particular concern to migrant Victorians who have experience of governments in other countries.
Reputations for independence take time to build.
Unlike other statutory offices such as the Auditor-General and the Ombudsman, which have existed for 150 years and nearly 30 years respectively, the Office of the Victorian Privacy Commissioner is very new.
Over time it will be judged on performance in light of the law it works with, the funding it gets and the character of the people who work here.
Initially, confidence in the independence of the Office of the Privacy Commissioner can be developed from an understanding of the way Parliament established it and of the law and conventions that govern it. The office is intended to be independent.
In July 2002, the Constitution Commission recommended that the Victorian Constitution be amended to entrench “the independence of certain officers such as the Auditor-General, the Ombudsman, the Electoral Commissioner and the Privacy Commissioner.”
In the meantime, the legal basis for the independence of the Office of the Victorian Privacy Commissioner has been set out in a legal opinion by Peter Hanks QC and Dr Karin Emerton.
They were asked to advise on the powers, independence and accountability of the Privacy Commissioner.
To read their opinion (PDF, 29Kb)
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Last reviewed on 25 September 2008. © 2009 Privacy Victoria - an independent statutory office