The Law Handbook 2024

Chapter 12.3: Freedom of information law 1133 Freedom of Information Act 1982 (Vic) (‘ FoI Act (Vic)’ ), rather than Commonwealth legislation. As a result, the process for exercising FoI rights in Victoria can differ to the Commonwealth process. This section should be referred to for FoI claims relating to information held by Victorian government ministers and agencies. What government agencies are subject to the FoI Act (Vic)? The FoI Act (Vic) covers Victorian Government departments, local councils and prescribed authorities, such as Victoria Police (see s 5 for the definition of ‘prescribed authority’). Additional bodies are brought under the FoI Act (Vic) by the Freedom of Information Regulations 2019 (Vic) (sch 1). The FoI Act (Vic) and its regulations can be downloaded from the website of the Victorian Information Commissioner ( VI Commissioner ) at www.ovic.vic.gov.au. You can also search for the names and contact details of many of the agencies subject to the FoI Act (Vic). Office of the Victorian Information Commissioner The VI Commissioner provides independent oversight of the Victorian public sector’s collection, use and disclosure of information. It is established under part 1A of the FoI Act (Vic) and the Privacy and Data Protection Act 2014 (Vic). Under the FoI Act (Vic), the VI Commissioner’s key functions are to: • promote understanding and acceptance by agencies and the public of the FoI Act (Vic) and its objectives; • conduct reviews of decisions made by agencies and Ministers under the FoI Act (Vic); • handle complaints made under the FoI Act (Vic); • provide advice, education, and guidance to agencies and the public in relation to the VI Commissioner’s functions; • develop andmonitor compliance with professional standards; and • provide advice, education, and guidance to agencies and the public in relation to compliance with professional standards. What rights of access do I have? The following rights of access exist under the FoI Act (Vic): • Part III (ss 13–27): the right to access a document of an agency and an official document of a minister (other than exempt documents, which are outlined in Part IV (ss 28–38); • Part V (ss 39–49): the right to amend personal records; • Part VI (ss 49A–61): review rights; and • Part VIA (ss 61A–61M): complaint rights. How do I apply for access? A request for access must be made in writing and sent to the agency or minister holding the documents (s 17). An agency or minister who receives a request has the duty to assist the applicant, including by transferring the request to a more relevant agency (ss 17(3), 18). Applications to government departments and certain agencies (including Victoria Police and the VI Commissioner) can be submitted and paid for electronically via www.ovic.vic.gov.au. A request should clearly specify the documents to which access is sought, which may include: • what the documents relate to; • the type of document being sought (for example, an email or a report); • the date range of the documents; and • where documents may be located (for example, a specific department of the agency or a specific email account). A request should be headed ‘Freedomof Information Request’, so that the intention to bring the request under the FoI Act (Vic) is clear. An application form may be used. A general application form can be downloaded from www.ovic.vic.gov.au. Alternatively, many agencies have developed their own forms. An application fee (see below) must be paid (s 17(2A)), although it may be waived or reduced in cases of hardship (s 17(2B)). How quickly must an agency reply? A request for access must be answered as soon as practicable, and no later than 30 days after receiving a