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Other Information

FOI Basic and Intermediate Training Sessions

FOI Solutions will be conducting its usual Intermediate FOI training sessions during various lunchtimes in February as follows:

  • Intermediate FOI Training 1 - 22 February 2024
  • Intermediate FOI Training 2 - 26 February 2024

Additional Training Sessions in March! 

FOI Solutions will also be conducting additional training sessions in March on the following topics:

  • Top 11 Tips for Streamlining FOI Processing - 12 March 2024
  • Section 35 Exemption - Misunderstood and Underutilised - 15 March 2024
  • Model Litigant Guidelines and FOI - 21 March 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: A Victorian FOI applicant has informed me that they do not seek any personal information from documents falling within their request.  Do I still have to consult the individuals whose information is involved?

 

A: There are two aspects to this.

 

First, when the applicant refers to "personal information", you need to be certain what that means as it is not self-explanatory as this term is not used in the Victorian FOI Act.  Is it limited to names, does it include other information, if so, what? The phrase used in s 33 of the FOI Act is "information relating to the personal affairs of any person" (see s 33(9)).

 

If the applicant is clear that they do not seek that type of information, that means that such information would reasonably be regarded as irrelevant to the request under s 25.  If also means that you can take it as an indication that they would be willing to receive access to an edited copy of the document with such information deleted.

 

Secondly, once you are clear on what information is not sought, if that information would otherwise be personal affairs information as defined in s 33(9) of the FOI Act, you would not need to consult about that specific information under s 33(2B).  The FOI Act requires consultation (subject to limited exceptions) in order to determine whether disclosure of personal affairs information would be unreasonable.  If personal affairs information is not sought, and therefore can be considered as irrelevant to the request, there is no logical reason to consult to to determine whether disclosure is unreasonable - it is no longer relevant to the request.

 

Q: I have been told that senior staff in an agency don't have personal information under the FOI Act but it is unreasonable to disclose junior staff information under s 33 of the FOI Act because they are in junior positions.  Is this right?

 

A: The first thing to note is that the concept of "personal information" is not used in the FOI Act.  The FOI Act uses the phrase "information relating to the personal affairs of any person".  That phrase is defined in s 33(9) of the FOI Act to include information which identifies any person - the FOI Act makes no distinction as to whether the person is a member of staff or not; not does it make a distinction based on seniority.

 

The VCAT has confirmed that documents of an agency which discloses information which identifies officers of agencies is information relating to the personal affairs of that staff member for the purposes of the FOI Act 0 no matter whether they are senior or junior staff.

 

As to whether disclosure would be unreasonable under s 33(1), if a document contains personal affairs information and it is practicable to consult (and no other exception to consultation exists), then an agency needs to consult with that person as part of considering whether disclosure would be unreasonable.

 

The response is just one relevant factor in considering unreasonableness as will be the seniority of an officer.  Some VCAT cases have considered that it is more reasonable to disclose a senior officer's personal information, as against a junior officer, but this is not some hard and fast rule.  All the circumstances of each case needs to be considered.

 

If you are unsure about the consultation process or about personal affairs information, please let us know and we can assist.