Comply with Vic FOI Act 1982 (state)
Victorian agencies + ministers respond to state FOI requests within 30 days.
Who must comply
Victorian government agencies and ministers that hold documents, including bodies listed in OVIC's agency finder. Private businesses are not directly bound, but documents they give to an agency can be requested, and they may be consulted as third parties before release.
What triggers it
Receiving an FOI request for documents held by the agency or minister, or holding documents that contain a business's or individual's information that another person has requested.
When due
Within 21 days of receiving an invalid request, tell the applicant what is needed; decide a valid request within 30 days, or up to 45 days where third parties must be consulted, unless the applicant consents to an extension.
Evidence required
FOI request register; records of validity checks, fee payments and waivers; third-party consultation records; decision letters stating the documents released and the exemptions applied; edited copies released with the applicant's agreement; Part II statements; correspondence with OVIC on reviews and complaints.
Max penalty
Enforcement is through oversight rather than fines: an applicant who does not receive all the documents can apply to OVIC for an independent review of the decision, and can complain to OVIC about how the request was processed, including delay past the statutory timeframe
Summary
The Freedom of Information Act 1982 (Vic) gives every person a right to request access to documents held by Victorian government agencies and ministers. An agency that receives a request must work with the applicant to make it valid, which usually means paying the application fee (currently $34.50, indexed each 1 July) or obtaining a hardship waiver; where a request does not yet meet the Act's requirements, the agency contacts the applicant within 21 days. A decision must be made within 30 to 45 days, depending on whether third parties must be consulted, unless the applicant agrees to an extension. The decision states whether all, some or none of the documents are released and which exemptions apply, such as unreasonable disclosure of personal affairs information. Agencies also publish Part II statements, and the Office of the Victorian Information Commissioner (OVIC) reviews decisions and handles complaints.
Enforced by
Topics
Related
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Frequently asked questions
- Who must comply with Vic FOI Act 1982 (state)?
- Victorian government agencies and ministers that hold documents, including bodies listed in OVIC's agency finder. Private businesses are not directly bound, but documents they give to an agency can be requested, and they may be consulted as third parties before release.
- What triggers Vic FOI Act 1982 (state)?
- Receiving an FOI request for documents held by the agency or minister, or holding documents that contain a business's or individual's information that another person has requested.
- When is Vic FOI Act 1982 (state) due?
- Within 21 days of receiving an invalid request, tell the applicant what is needed; decide a valid request within 30 days, or up to 45 days where third parties must be consulted, unless the applicant consents to an extension.
- What is the maximum penalty for Vic FOI Act 1982 (state)?
- Enforcement is through oversight rather than fines: an applicant who does not receive all the documents can apply to OVIC for an independent review of the decision, and can complain to OVIC about how the request was processed, including delay past the statutory timeframe
- What evidence is required for Vic FOI Act 1982 (state)?
- FOI request register; records of validity checks, fee payments and waivers; third-party consultation records; decision letters stating the documents released and the exemptions applied; edited copies released with the applicant's agreement; Part II statements; correspondence with OVIC on reviews and complaints.
Source: https://ovic.vic.gov.au/freedom-of-information/for-the-public/find-and-request-access-to-information/. Rules Mate is not a law firm. Always verify against the live regulator source before acting.