Other Information
August Training Sessions
FOI Solutions is offering the following upcoming training sessions via videoconference:
- 16August 2022 - Basic FOI Training 1
- 17 August 2022 - Basic FOI Training 2
- 23 August 2022 - Intermediate FOI Training: Exemptions 1
- 25 August 2022 - Intermediate FOI Training: Exemptions
- For more information or to book online, visit the training sessions page on our website.
Update on the Victorian FOI Application Fee
Victorian FOI Application Fee and access charges have increased.
The Treasurer published in the Victorian Government Gazette that effective from 1 July 2022, a fee unit will now become $15.29.
This means that the Victorian FOI Application fee (2 fee units) is now $30.60. Please be advised that the Monetary Units Act 2004 requires rounding up to the nearest ten cents.
If not completed already, all Victorian agencies will need to implement the necessary changes to reflect this amendment.
The change will also impact on access charges under the Freedom of Information (Access Charges) Regulations 2004 which are referable to 'fee units'.
New Staff Positions
FOI Solutions is proud to congratulate the following staff on their new positions at the firm, effective 1 July 2022:
- Elisa Hesling is now Special Counsel
- Maggie Saunders is now Senior Solicitor
- Elif Boyaci is now Manager, Administration
- Anne Nizoridis is now Senior Administration Officer
We would like to thank all our staff for their diligence and tremendous work during the difficult times over numerous Victorian lockdowns.
Question Time
Q: Can the VCAT review a decision that no documents exist?
A: Although in most instances a decision that no document exists cannot be reviewed by the VCAT, there is one instance where it can.
Where an agency searches for documents and does not find any falling within a request and, within the statutory time frame of 30 days makes and communicates that decision to the applicant, then this decision is only able to be the subject of a complaint to the Information Commissioner under s 61A of the FOI Act.
However, if no decision is made within the 30 days (or is made and not received by the applicant within that time) and the applicant tries to seek review from the VCAT of a decision taken to have been made to refuse access, then if it turns out that there are no documents, this decision is still reviewable by the VCAT.
This demonstrates yet a further reason why agencies should ensure that requests are dealt with, fully processed, and a decision about the request actually received by an applicant before the expiration of 30 days from receipt of the request.
Q: Where a legal or insurance firm makes an FOI request for information about their client who is an individual, is there something our agency should do to ensure they have been properly authorised to make the request?
A: Where an FOI request is made by someone purporting to act as agent for an applicant and which seeks information about the applicant, you should contact the purported agent first and ask them to provide a signed consent from their client for them to receive personal information on their client's behalf. By doing this, you will avoid any potential privacy breaches from occurring in the event the purported agent was not authorised to make the request.
If you would like advice or assistance with drafting appropriate consent document to be forwarded to a purported agent please let us know.