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Other Information

October Training Sessions

FOI Solutions is offering the following upcoming training sessions via videoconference:

  • 19 October 2022 - Basic FOI Training 1
  • 21 October 2022 - Basic FOI Training 2
  • 25 October 2022 - Intermediate FOI Training 1
  • 26 October 2022 - Intermediate FOI Training 2

Keep a look out for an upcoming session on access charges which will be based on a landmark Supreme Court decision which we are expecting to be handed down any day now.

 

For more information or to book online, visit the training sessions page on our website.

Question Time

Q:  Can an agency make a fresh decision in the course of an Information Commissioner review?

A:  Yes.  Section 49M now provides that an agency can notify the Information Commissioner that it is 'reconsidering' its decision and subsequently make a fresh decision within 28 days of doing so.  The agency must notify the FOI Commissioner of its fresh decision with 3 business days after the expiration of the 28 day period.  Previously, an agency could simply revoke its original decision and make a fresh decision under s 49M.  By giving your agency time to 'reconsider' the matter, amended s 49M could mean a better opportunity for your agency to think over its decision before making a fresh one.  It will also give your agency time to decide whether or not it will in fact make a fresh decision if it is unsure about doing so.  If you would like to know more about how s 49M works for your agency in practice, please let us know and we can assist.

 

Q: Who has jurisdiction to review a 'no documents' decision? The FOI Commissioner or the VCAT?

A: The VCAT has previously held it does not have jurisdiction to review a decision of an agency that a document does not exist or cannot be located where the agency has conducted searches to no avail.  This is something that can only be dealt with as the subject of a complaint made to the Information Commissioner under s 61A of the FOI Act.  Remember to properly inform the applicant of the right to complain in such a situation.