Other Information
FOI Solutions Training Sessions
The upcoming training sessions for February and March are as follows:
- Supreme Court Ruling on Deposits: Wednesday 11 February
- Basic 1: Tuesday 24 February
- Basic 2: Wednesday 25 February
- Intermediate 1: Tuesday 3 March
- Intermediate 2: Wednesday 4 March
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: How do I deal with an applicant who has made multiple similar requests?
A: When an agency has received multiple similar FOI requests from one FOI applicant, for the purposes of s 25A(1), these FOI requests may be treated as one request when deciding if s 25A(1) applies to the separate FOI requests. When multiple similar FOI requests are received, s 25A(1) could allow the combination of these requests to fulfill the purpose of s 25A(1) to avoid substantial and unreasonable diversion of resources.
This application of s 25A(1) was first applied in the decision of Secretary, Department of Treasury and Finance v Kelly [2001] VSCA 256. The Supreme Court made a decision that allowed 321 FOI requests to be aggregated when determining if processing the requests would substantially and unreasonably divert resources from the Department’s core functions. Before combining requests for the purposes of considering s 25A(1), an agency should consider whether the requests are made by the same person, whether the requests have a similar scope and the time between the requests.
The purpose of allowing an agency to combine FOI requests is to avoid an FOI applicant evading the purposes of s 25A(1), consider your obligations under the FOI Act before applying the provisions of s 25A(1).
Q: Is it necessary for my organisation to train all employees on public interest disclosure?
A: Regular staff training on Public Interest Disclosures (“PID”) will, in our opinion, encourage staff to complying with the current PID processes. Therefore, ensuring that all employees are trained on your agency’s statutory obligations under the PID regime and their functions are important.
The level of training that you may conduct on PID will depend on your organisation. For example, it is vital that employees who could receive PID complaints are aware of what they should do upon receiving these complaints. It is also important for staff who hold responsible roles, such as managers or coordinators know what these roles involve and where they can go for assistance.
While it is likely that your organisation has conducted PID training for PID Coordinators and PID Officers, we recommend holding refresher courses to take into account changes in staff and amendments to the Victorian legislation. For example, the 2024 amendments of the Public Interest Disclosure Act 2012 (Vic) provided updated procedures and focus on clarifying how PIDs are received, assessed and investigated.
If you would like assistance to review your PID processes and materials, or conduct training for staff within your organisation, please let us know.