Other Information

FOI Solutions Training Sessions

The upcoming FOI Solutions training sessions for December are as follows:

• 3 December 2024 - Section 35: Misunderstood and Underutilised 

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: When undertaking an inspection of documents, can an applicant take notes or photos of the document/s?

A:  In our view, an applicant cannot take notes or take a photo on their phone of the document in question.  The word “inspection” does not mean take notes or make a copy.  It means:

• to look carefully at or over; view closely and critically; to view or examine formally or officially (Macquarie Concise Dictionary)
• to look closely at or into; examine (a document etc) officially (Australian Concise Oxford Dictionary)

Q: Does the term “officers” in the Freedom of Information Act 1982 (Vic) include any officers/contractors outside of Victoria (and overseas)?

A:  In short, yes.  There is no jurisdictional limit place on the location of the person who/which is the “officer”.  The person just needs to fit within the definition of “officer” in s 5(1). Under s 5(1) of the FOI Act, the definition of “officer” is as follows:

officer—

1. in relation to an agency, other than a council, includes a member of the agency, a member of the staff of the agency, and any person employed by or for the agency, whether that person is one to whom the provisions of the Public Administration Act 2004 apply or not; and 
2. in relation to a council, includes a member of the council, a member of the staff of the council and any person employed by or for the council;