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Other Information

Welcoming Two New Members to our Team!

We have two new editions to our team, Maggie Saunders, is our new solicitor, and Laili Aladin, is our new law clerk. 

 

Born and raised in Hobart, Tasmania, Maggie completed her Bachelors degree in Arts and Law at the University of Tasmania.  She was admitted to practice in 2017 and has experience working in civil and criminal litigation.  Maggie previously worked for the Tasmanian Government as part of the Emergency Operations Centre following the COVID-19 outbreak.  With a passion for administrative law and and a strong interest in Freedom of Information, Maggie is excited to be a part of the FOI Solution team.

 

Laili is in her penultimate year of university studying a double degree of International Studies (majoring in politics and policy) and Law.  Laili is excited to gain some practical insight into the workings of administrative law to compliment the legal theory that she is learning at university.  Her enthusiasm and desire to learn means she is a great acquisition for the firm.

 

We welcome both Maggie and Laili to the firm and wish them all the best!

June training sessions

FOI Solutions is offering the following upcoming training sessions:

  • Recent developments at VCAT in Freedom of Information
  • Recent developments at VCAT in Privacy
  • Validity of FOI requests in Victoria: Practical hints and tips from recent cases

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

Question time

Q: Can the VCAT review a decision that no documents exist?

 

A: In short, although in most instances a decision that no documents exist cannot be reviewed by the VCAT, there is one instance where it can.

 

Where an agency searches for documents and does not find any falling within a request and, within the statutory time frame of 30 days makes and communicates that decision to the applicant, such a decision is only able to be the subject of a complaint to the Information Commissioner under s 61A of the Victorian FOI Act.

 

However, if no decision is made within the 30 days, or is made and not received by the applicant in that time, and the applicant purports to seek review from the VCAT of a decision taken to have been made to refuse access, if it turns out that there are no documents, such a decision is still reviewable by the VCAT.

 

This demonstrates yet  a further reason why agencies should ensure that requests are dealt with, fully processed, and a decision about the request actually received by an applicant before the expiration of 30 days from receipt of the request.

 

Q: Am I right in saying that the VCAT can never consider complaints about the thoroughness and diligence of searches?

 

A: Not necessarily.  It is true thatcomplaints about thoroughness and diligence of searches must now be dealt with by the Information Commissioner and not the VCAT where the following criteria are met: 

  • the agency searched for documents (or was aware due to the nature of the request that no documents existed); and
  • a decision was made that no documents exist or could be found; and
  • notice of that decision was communicated to the applicant.

 However, where an application for review of a decision taken to have been made to refuse access is validly before the VCAT, the VCAT does have jurisdiction to consider the thoroughness of an agency’s searches as part of conducting that review.  If you are unsure about this or would like to know more, please let us know and we can assist.