The Law Handbook 2024

Chapter 12.3: Freedom of information law 1137 under section 19, the applicant is suffering financial hardship, and the request is for a document containing their personal affairs information (s22(1)(i)). Further information about fees and charges is available from the Victorian FoI website. There is also a fees and charges calculator (www.ovic.vic. gov.au/freedom-of-information/access-charges- calculator) . Victorian Civil and Administrative Tribunal VCAT has a tiered fee structure. An application to VCAT to review an agency’s access decision costs 70% of 64 fee units (as at 1 July 2023, this equals $712.30). For the holders of Health Care Cards, the application cost is capped at 11 fee units (as at 1 July 2023, this equals $174.90). As a general rule, in VCAT matters each party bears their own costs. When will fees or charges not apply? VCAT does not charge fees if: • the documents to which access is sought contain information relating to the personal affairs of the applicant; or • a government agency has failed to respond to a request within the statutory time limit (see ‘How quickly must an agency reply?’, above). General enquiries The VI Commissioner’s website (www.ovic.vic. gov.au) contains information about Victorian FoI processes. Enquiries about making a request to an agency should be directed to the agency’s FoI officer. For many agencies this can be made online. Enquiries about review and complaint processes can be made to the VI Commissioner. More information Commonwealth FoI laws: Resources The OAIC publishes fact sheets and other resources that provide more information on the operation of the FoI Act (Cth). The Australian Information Commissioner also issues guidelines about the operation of the FoI Act (Cth). Australian Government ministers and agencies must have regard to these guidelines when performing a function or exercising a power under the FoI Act (Cth). However, FoI guidelines are not legally binding as these guidelines are not legislative instruments. These materials and other helpful FoI resources are available on the OAIC’s website (www.oaic.gov.au) . Victorian FoI laws: Resources The VI Commissioner also publishes guides and other resources on the operation of the FoI Act (Vic) on their website (www.ovic.vic.gov.au) . Contacts Commonwealth FoI Administrative Appeals Tribunal (AAT) Level 4, 15 William Street, Melbourne Vic 3000 Tel: 1800 228 333 Web: www.aat.gov.au Office of the Australian Information Commissioner (OAIC) Tel: 1300 363 992 Web: www.oaic.gov.au Online queries can be submitted via a form on OAIC’s website Victorian FoI Victorian Information Commissioner Level 6, 121 Exhibition Street, Melbourne Vic 3000 Post: PO Box 24274, Melbourne Vic 3001 Tel: 1300 006 842 Email: enquiries@ovic.vic.gov.au Web: www.ovic.vic.gov.au Victorian Civil and Administrative Tribunal (VCAT) Tel: 1300 018 228 Email: admin@vcat.vic.gov.au Web: www.vcat.vic.gov.au VCAT hears matters at venues throughout metropolitan and regional Victoria; see VCAT’s website for addresses.