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Other Information

FOI Solutions Training Sessions

The upcoming training sessions for October/November are as follows:

  • 22 October 2025 - Basic 1 FOI Training
  • 23 October 2025 - Basic 2 FOI Training
  • 28 October 2025 - Intermediate 1 FOI Training
  • 30 October 2025 - Intermediate 2 FOI Training

For more information or to register, please view our website or send an email to marketing@foisolutions.com.au requesting a copy of the brochure/registration form.  

Question Time 

Q:  When searching for documents, are we required to notify staff/third parties who the FOI applicant is, or do we need to maintain their privacy rights, and/or get permission to disclose their name for the purposes of the FOI request?

A:  Searches are generally conducted within an agency.  On some infrequent occasions, you may need to search for documents from external third parties because your agency has constructive possession.  

 

In our view, in either scenario there is no harm in the persons being asked to search knowing the identity of the applicant (where the applicant is an individual).  We do not see any privacy risk here.  

 

We believe it would be part of the primary purpose for which the applicant was providing their personal information in making the FOI request or, at least, a reasonably expected secondary purpose under Victorian privacy legislation, that their identity would or may need to be provided in order for their FOI request to be properly processed; including in the agency making a thorough and diligent search for documents.

 

Q:  Our agency received an FOI request accompanied by the wrong application fee.  What should we do?

A:  One of the elements required under s 17 of the Freedom of Information Act 1982 (Vic), is for applicants to pay an application fee of 2 fee units.  As of 1 July 2025, the application fee is $33.60.  Your agency may come across applicants still paying the previous fee when making requests; this is more likely to happen if your agency’s website or FOI request form refers to last year’s fee of $32.70. 

 

To manage this issue, you could consider using one of the following options to address the shortfall, and make the request valid: 

 

  1. seek the difference of 90 cents from the applicant; or 
  2. not seek the 90 cent difference on the basis that there was substantial compliance by the applicant; or 
  3. incorporate the 90 cents difference into any access charges that may be payable either when a deposit is paid or as a precursor to access being provided to documents at the end of the decision making process (and foreshadow that this will be done at an early stage – such as when sending an acknowledgement letter).  

 

To avoid these issues, we recommend updating your agency’s website and FOI request form to reflect the current application fee as soon as practicable after 1 July each year. 

 

If your agency requires detailed advice regarding how to manage incorrect application fees, please do not hesitate to contact us.