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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 April as follows:

  • Basic FOI Training 1 - 9 April 2024
  • Basic FOI Training 2 - 11 April 2024
  • Intermediate FOI Training 1 - 16 April 2024
  • Intermediate FOI Training 2 - 18 April 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: Our agency recently received a request from an applicant who insists on obtaining a copy of a particular document.  We are happy to have the applicant come in to an office and inspect the document, however we are reluctant to provide a copy because to do so could compromise the nature and content of the particular document.  Do we have to provide a copy?

 

A: Not necessarily.  Section 23(2) of the FOI Act provides that, where the applicant requests access in a particular form, access shall be given in that form.  However, s 23(3) outlines exceptions to this initial position.  In particular, ss 23(3)(a) and (b) provide that access in a particular form may be refused and access given in another form if the form of access requested by the applicant would:

  1.  interfere unreasonably with the operations of the agency; or
  2.  be detrimental to the preservation of the document or having regard to the physical nature of the document, would not be appropriate. 

Whether access should be given in another form will depend on the type of work your agency performs and whether the particular document sought has a peculiar or unique nature about it such that providing a copy of the document would not be appropriate. For instance, where the document sought is particularly fragile and photocopying would be likely to damage it further. 

If you are unsure about whether your agency should provide access in a different form to that which has been sought by an applicant, please let us know and we can assist.

 

 

 

Q: Our agency recently received a request for which it is likely a deposit will need to be sought on account of estimated access charges.  Are we able to search for the relevant documents before we provide our estimate?

 

A: Completing a search before providing an estimate is not desirable.  Section 22(1) of the FOI Act provides that a charge shall be calculated by an agency for the time that would be spent in searching for documents.  This demonstrates that an agency should make an estimate of the time that it would take to search for documents, excluding the time which it has already taken.  The VCAT has previously held that an agency cannot seek a deposit for searches already performed.[1] 

Additionally, the purpose of seeking a deposit under s 22(3) of the FOI Act is to enable an agency to “find out whether the applicant wishes to proceed with the request” on account of the estimated charges.  In that regard, it is important to remember that a request is taken never to have been received by your agency until payment of a deposit is made. If the applicant decides they do not wish to pay the charges, then any search time already conducted by your agency will be wasted.  The FOI Act makes it clear that identifying all relevant documents before receiving payment of a deposit defeats the very purpose of doing so in the first place.

[1] See Sunbury Progress Association v Hume City Council [2004] VCAT 2431.