Other Information
FOI Solutions Training Sessions
The upcoming training sessions for December/January are as follows:
- Basic 1 – Tuesday 2 December
- Basic 2 – Thursday 4 December
- Intermediate 1 – Wednesday 10 December
- Intermediate 2 – Thursday 11 December
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: To what extent does an applicant have to say they are making an ‘FOI request’? If they just ask for certain documents, does an agency have to treat that as an FOI request?
A: Unlike some other jurisdictions, Victoria does not have requirement that the request for access state that it is being made under the FOI Act. The FOI Act is not the only way a person can seek access to information or documents from an agency, and there is nothing in the FOI Act precluding other forms of seeking and providing information or documents. A request for documents need not be treated as an FOI request if it is not clear on the face of the document seeking access that it was intended to be an FOI request. However, if your agency does not intend to entertain a request outside the FOI process, it is incumbent on your agency to provide reasonable assistance to ensure an intending applicant makes a valid request (see s 17). Even if it is an FOI request, do not forget the obligation under the Professional Standards to consider whether access might properly be provided outside the FOI Act.
Q: How does an agency obtain documents that they have constructive possession of?
A: Constructive possession usually applies in situations where you have a legal right and power to require another body (whether “agency” as defined in the FOI Act or not) to immediately deliver documents up to you. Getting an electronic copy would probably be fine (in these days of Electronic Transactions legislation), but they are still treated as documents of your agency and not of the other body for the purposes of the FOI Act. If documents are held by another “agency” as defined in the FOI Act and you have no other relevant documents, then you may wish to consider transferring the whole request to that other agency. If your agency has some documents and the other agency has the remaining documents sought, then you may also want to consider transferring the whole request to the other agency(along with copies of the documents your agency has) – see s 18(2) generally.