Operation of FOI Access Charges Extended

Some of you who deal with freedom of information in Victoria might not have noticed an interesting recent development in the access charges regime.  That regime was extended, without any change, as a minor ripple in the FOI pond.  Here's what happened.

The Freedom of Information (Access Charges) Regulations 2014 commenced operation on 28 June 2014.  Under section 5 of the Subordinate Legislation Act 1994 (SLA), those regulations would have automatically revoked on the 10th anniversary of their making.  That would have left us all in a bit of a pickle!

Thankfully, the Attorney-General and Premier were on their toes and used powers under section 5A of the SLA to extend the operation of the Access Charges Regulations.  Such an extension can only be made if there are special circumstances.  The stated special circumstances were:

• The Integrity and Oversight Committee of Parliament is currently conducting an inquiry into the operation of the Freedom of Information Act 1982.
• That Committee is required to publish their findings by 30 September 2024.  Recommendations and findings from the inquiry may result in reforms of the FOI Act and the Regulations.

An extension has occurred from 3 June 2024 to 2 June 2025.

As a bit of a timely reminder, don't forget that any of those access charges that are based on "fee units" have increased from 1 July 2024.  If you are not sure what that means for your agency, feel free to contact us.