Other Information
New Staff Members
Welcome to our new lawyer Tahira Khan! Tahira recently completed her Law and Business (Accounting) degree and has now begun her professional journey as a solicitor. This is her first role as a solicitor, and she is really excited to be starting this new chapter, learning from the team and building her experience in the profession.
Welcome to our new Law Clerks – Ruby-Jane Lester and Frank Fang.
Ruby-Jane is currently in her third year of law school. Her favourite area of law is constitutional, however she is interested and eager to explore FOI and privacy law at FOI Solutions!
Frank is beginning his studies at law school. With aspirations of becoming a barrister, he has a strong interest in public law and is particularly excited to explore the field of administrative law with FOI Solutions. He is especially looking forward to observing hearings and gaining first-hand insight into the workings of the legal system.
FOI Solutions Training Sessions
The upcoming training sessions for October are as follows:
- FOI Intermediate 1: Tuesday, 13 October
- FOI Intermediate 2: Thursday, 15 October
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: What should I consider when secrecy provisions apply documents?
A: Under s 38 of the Freedom of Information Act 1982 (Vic), a document will be exempt from disclosure if another enactment is in force that applies specifically to the information of the kind in the document and prohibits a person referred to in the legislation from disclosing of information of the kind within the document. However, when considering the application of secrecy provisions, it is important to consider the whole of the enactment and its application to the information sought to be protected.
For example, in the decision of Dunlop v Veterinary Practitioners Registration Board of Victoria (Review and Regulation) [2024] VCAT 594, the Board applied s 77(1) of the Veterinary Practice Act 1997 (Vic) (“VP Act”) in conjunction with s 38 to the document. Section 77(1) prohibits disclosure of information obtained by the Board in the course of the person’s functions. In looking at s 38, the Tribunal considered the VP Act more broadly and found that, as the information related to a formal proceeding, s 44(d) of the VP Act required the proceeding to be open to the public unless the Board decided that the proceeding should be closed. The Tribunal found that the disclosure requirements of s 44(d) outweighed the confidentiality provision in s 77(1).
Reflecting on this decision, it is important to understand the whole enactment and how confidentiality and disclosure obligations may apply to an FOI request by interpreting the relevant enactment correctly and applying all relevant provisions to your consideration.
Q: Contractor disclosed personal information is your organisation liable?
A: If a contractor to your organisation has emailed or released personal information, this is considered an unauthorised disclosure or data breach and without taking steps, will be your organisation’s responsibility. Section 118 of the Privacy and Data Protection Act 2014 (Vic) addresses the relationship between employees and agents who carry out acts or practices on behalf of the organisation. Once a contractor is bound by a service arrangement, they then assume the same privacy obligations as your organisation.
Therefore, your organisation is generally responsible for a breach, even if caused by a third party. If your organisation can establish that it took reasonable precautions and exercised due diligence to avoid the act being done or the practice being engaged in by its employee or agent, then it may not be found liable for the privacy breach. However, this requires consideration of the whole situation and the circumstances to determine whether your organisation took ‘reasonable’ steps to prevent the act from occurring. Steps such as regular staff and contractor training, and having clear processes and procedures in place to prevent such a breach, have assisted organisations to demonstrate they took reasonable steps. If we can assist your organisation to bolster the steps your organisation takes to protect privacy, please let us know.