Other Information

FOI Solutions Training Sessions

The upcoming training sessions for February are as follows:

• 19 February 2025 - Basic FOI Training 1
• 20 February 2025 - Basic FOI Training 2
• 26 February 2025 - Intermediate FOI Training 1
• 27 February 2025 - Intermediate FOI Training 2

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: Does the FOI Act supersede the Copyright Act? 

A:  If a document is not otherwise exempt, the only time the Copyright Act will come into play is if providing a copy could breach that Act.  Section 23 deals with forms of access and describes that an alternative form of access should be provided rather than a copy given if copyright in a document exists in a person other than the State or a council.  If you are unsure, we suggest you get independent legal advice from a copyright lawyer.

Q: What happens to requests that are partially relevant to another agency?

A:  If a request is for access to documents in the possession of your agency, you only have to deal with it to that extent.  

If the request is partially also about documents which another agency possesses, s 17(3) imposes a duty on an agency to assist a person who has not directed a request to the appropriate agency to direct a request to the appropriate agency.  

This has been interpreted as meaning drawing the applicant’s attention to that part of the request which they may wish to send to that other agency. By comparison, s 18(2) sets out two instances where the whole request can be transferred to another agency.  First, where your agency does not have possession, but another agency does. Secondly, where the subject matter of the documents is more closely connected with the other agency’s functions (and even if you have documents, you could send them to that other agency when you transfer the request).