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Other Information

FOI Solutions Training Sessions

The upcoming FOI Solutions training sessions for August/September are as follows:

  • Understanding Amendment of Personal Information - 22 August, 2024
  • Basic FOI Training 1 - 11 September, 2024
  • Basic FOI Training 2 - 13 September, 2024
  • Intermediate FOI Training 1 - 18 September, 2024
  • Intermediate FOI Training 2 - 20 September, 2024

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

Question Time

Q: Our agency recently received a request purportedly under the FOI Act.  It asked for answers to questions regarding a complaint that was made about them. Can they do this?

 

A: Section 13 of the FOI Act provides that the right of access granted to an applicant under the Act is to a document of an agency or a Minister, other than an exempt document.  That is, a request for access will not be valid unless an applicant can indicate or clearly point to the documents or types of documents they actually seek.  If your agency receives a request that asks specific questions or which seeks access to information about a particular subject-matter, then it is not validly made under the FOI Act and need not be processed.  If you are not sure about whether a request to your agency has been validly made under the FOI Act, please let us know and we can assist.

 

Q: Can a request for access under the FOI Act be made by more than one applicant at a time?

 

A: No. The right of access to documents under the FOI Act is an individual one that cannot be exercised in concert with others.  You cannot have joint applicants to an FOI request because the right of access under s 13 of the FOI Act is granted to a ‘person’.  Logically, if more than one person makes the same FOI request, then different decisions may have to be made on that request (particularly for personal affairs information), which is not envisaged by the FOI Act.  It also follows that an application for review of your agency’s decision (whether it is made to the Commissioner or the VCAT) can only be made on behalf of a single person, namely, the person in respect of whose request a decision is made by your agency.  The fact that you cannot have joint applicants to an FOI request does not preclude separate applications making the same request.  If you are unsure about any of this or would like us to advise your agency on the validity of a request please let us know.