From the Executive Director

FOI Application fee increase

Just a brief reminder, as we get closer to the 1 July 2025 deadline, that all Victorian government agencies ensure they change their outward facing materials to accommodate the FOI application fee increase to $33.60 from 1 July 2025.

You will have seen our from our "Important Update" published recently that a "fee unit" has increased with effect from 1 July 2025.  Given that an FOI application fee is two fee units, the application fee will also be increased (and rounded to the nearest 10 cents as required).

Hardship applications

While we are on the topic of FOI application fees, it is timely to remind you of a few practical tips in relation to application fees and how to deal with requests to waive them.

An application fee can only legally be waived on the ground that payment would cause hardship to the applicant.   Justifications such as assertion that providing the documents would be in the public interest are not a valid ground for fee waiver.

Waiver of the application fee is not automatic and requires two steps to be satisfied .  Step 1 requires that your agency must be satisfied that payment would cause the applicant hardship (usually financial hardship).  If you do not have sufficient material to make that determination, ask the applicant for more evidence before you make a finding about that aspect.  If you are not satisfied payment would cause the applicant to suffer serious privation of the comforts or necessities of life, then that is the end of the matter and the FOI request is not valid unless and until the application fee is paid.

Step 2 only has a role to play if you are satisfied that payment would cause hardship.  You then must turn your mind to whether you believe the application fee should be reduced, and if so, by how much, or to waive the application fee fully.  For example, you might form the view that the applicant should pay $5 or $10 or 50% of the usual fee or something similar.  If so, you need to inform the applicant of that determination and unless and until the reduced fee is paid, again the FOI request remains invalid.  Alternatively, you can waive the fee in full - in which case you need to again inform the applicant of this decision and (assuming all other validity requirements have been met) from when the FOI request is considered valid.

If an application for fee waiver is made and your agency either rejects that outright or imposes a reduced fee, remember to inform the applicant of their rights to seek review of that determination from the Information Commissioner.