(1) In this Act—
"Board of Inquiry" has the same meaning as in the Inquiries Act 2014 ;
"Centre" means the persons employed or engaged by the Secretary to the Department to support the Chief Data Officer in the performance of the Chief Data Officer's functions, powers and duties under this Act;
"Chief Data Officer" means the person employed as the Chief Data Officer under section 6;
"commissioner", of a Royal Commission, has the same meaning as in the Inquiries Act 2014 ;
"data "means any facts, statistics, instructions, concepts or other information in a form that is capable of being communicated, analysed or processed (whether by an individual or by a computer or other automated means);
"data analytics body "means—
(a) the Secretary to a Department; or
(b) any of the following prescribed by the regulations for the purposes of this paragraph—
(i) a body established or appointed for a public purpose by or under an Act;
(ii) a body established or appointed for a public purpose by the Governor in Council, or by a Minister, otherwise than under an Act;
(iii) 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;
(iv) any other data sharing body;
(v) any other designated body;
"data analytics work "means the examination and analysis of data for the purpose of drawing conclusions as a result of that examination and analysis, but does not include data integration;
"data integration "means the combination or collation of data contained in 2 or more data sets;
"data sharing body" means—
(a) a public service body; or
(b) a public entity; or
(c) Victoria Police; or
(d) any of the following prescribed by the regulations for the purposes of this paragraph—
(i) a body established or appointed for a public purpose by or under an Act;
(ii) a body established or appointed for a public purpose by the Governor in Council, or by a Minister, otherwise than under an Act;
(iii) 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;
Note
A data analytics body is a data sharing body under this Act.
"de-identified", in relation to data, means data that no longer relates to an identifiable individual or an individual who can be reasonably identified;
"Department "has the same meaning as in the Public Administration Act 2004 ;
"designated body" means—
(a) an exempt body; or
(b) an exempt body official; or
(c) a special body, other than Victoria Police; or
(d) a special body Head, other than the Chief Commissioner of Victoria Police; or
(e) a Board of Inquiry or a Formal Review; or
(f) a member of a Board of Inquiry or a Formal Review; or
(g) a Royal Commission; or
(h) a commissioner of a Royal Commission;
"exempt body" has the same meaning as in the Public Administration Act 2004 ;
"exempt body official "has the same meaning as in the Public Administration Act 2004 ;
"Formal Review "has the same meaning as in the Inquiries Act 2014 ;
"handling", in relation to data, means the collection, holding, management, use, disclosure or transfer of that data;
Health Complaints Commissioner has the same meaning as in the Health Records Act 2001 ;
health information has the same meaning as in the Health Records Act 2001 ;
"identifiable data "means one or more of the following—
(a) health information;
(b) personal information;
(c) identifiers;
(d) unique identifiers;
"identifier" has the same meaning as in the Health Records Act 2001 ;
"individual" means a natural person;
"Information Commissioner "has the same meaning as in the Freedom of Information Act 1982 ;
"personal information" has the same meaning as in the Privacy and Data Protection Act 2014 ;
"public entity "has the same meaning as in the Public Administration Act 2004 ;
"public entity Head "has the same meaning as in the Public Administration Act 2004 ;
"public sector" has the same meaning as in the Public Administration Act 2004 ;
"public service body "has the same meaning as in the Public Administration Act 2004 ;
"public service body Head" has the same meaning as in the Public Administration Act 2004 ;
"responsible officer "means —
(a) for a public service body—the public service body Head; or
(b) for a public entity—the public entity Head; or
(c) for Victoria Police—the Chief Commissioner of Victoria Police; or
(d) for a designated body—the head (however described) of that body; or
(e) for a body that is prescribed as a data analytics body or a data sharing body—the head (however described) of that body;
"restricted data" means the following—
(a) data that could reasonably be expected to disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law;
(b) data that could reasonably be expected to disclose the existence or identity of a person included in a witness protection program;
(c) data that could reasonably be expected to prejudice national security;
(d) data that could reasonably be expected to disclose investigative measures or procedures, including but not limited to intelligence gathering methodologies, investigative techniques or technologies, covert practices or information sharing arrangements between law enforcement agencies;
(e) data to which a provision prescribed in the regulations applies;
"Royal Commission" means—
(a) a Royal Commission established under the Inquiries Act 2014 ; or
(b) a Royal Commission established under the prerogative of the Crown;
"secrecy provision" means a provision of an Act that restricts or prohibits the disclosure of information (whether that restriction or prohibition is absolute or subject to qualifications or exceptions), other than a provision prescribed in the regulations as a provision to which Division 2 of Part 4 does not apply;
"Secretary to the Department" means the Secretary to the Department responsible for the administration of this Act;
"special body" has the same meaning as in the Public Administration Act 2004 ;
"special body Head" has the same meaning as in the Public Administration Act 2004 ;
"unique identifier "means an identifier (usually a number) assigned by an organisation to an individual uniquely to identify that individual for the purposes of the operations of the organisation but does not include an identifier that consists only of the individual's name and does not include an identifier within the meaning of the Health Records Act 2001 ;
"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;
Victorian protective data security framework has the same meaning as in the Privacy and Data Protection Act 2014 .
(2) For the purposes of this Act, a body holds data if the data is contained in a document that is in the possession or under the control of the body, whether alone or jointly with other persons or bodies, irrespective of where the document is situated, whether in or outside Victoria.