Who must comply with Vic FOI Act 1982 (state)?

Victorian agencies + ministers respond to state FOI requests within 30 days.

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.

Applies to government agencies and ministers only. The Rules Mate questionnaire does not treat this as an obligation for an ordinary business.

How the regulator frames it: 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.

Jurisdiction: Victoria law only. A business with no operations in VIC is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (35 of 35: no).

The answer is the same in every industry: no. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "no".

Size does not change the answer across all industries: at every size band the answer is "no".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Applies to government agencies and ministers only.

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.

Frequency

When a triggering event occurs

Evidence to keep

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.

Status

Current

Priority

High

Maximum 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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 2: the engine uses the same rule for each.

• Respond to FOI requests within 30 days (Cwlth agencies + ministers)
• Public Interest Disclosure Act 2013 (federal whistleblower)

Rules Mate tracks 2 published obligations tagged "foi", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is triggered by events.

Regulated by Office of the Victorian Information Commissioner.

OVIC: Victorian privacy, data protection, and FOI regulator. Administers Privacy and Data Protection Act 2014 (Vic).

• Office of the Victorian Information Commissioner

Free tools that help with this obligation:

• Compliance calendar builder