Other Information

August training sessions

FOI Solutions is offering the following upcoming training sessions:

• Basic FOI Training; and
• Intermediate FOI Training - Exemptions

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

Question time

Q:  Where a decision on a request is made beyond the 30 statutory timeframe set by the FOI Act, can the applicant still apply to the VCAT for review of a decision taken to have been made to refuse access? 

A: It depends.  If the applicant receives notice of your agency’s decision before making an application to the VCAT for review, the decision is reviewable by the Information Commissioner.  If, however the applicant applies for review of a decision taken to have been made to refuse  before receiving the notice of your agency’s decision, the VCAT alone will have jurisdiction to review that decision.  Section 53 of the FOI Act provides that where the 30 day statutory timeframe has elapsed and notice of a decision on the request has not been received by the applicant, the agency is taken to have made a decision refusing to grant access.  It is important to remember that an application for review by the VCAT is made on the day it is received by the VCAT.  You will need to take this into account in determining who has jurisdiction to review a decision made outside the 30 day statutory timeframe.

Q: Do I have to give applicants review rights for a decision that there are no documents falling within the request?

A: The Victorian Civil and Administrative Tribunal has ruled that decisions from agencies there are no documents falling within a request or that they cannot be located, after having conducted a search, are no longer subject to a right of review.  Any notice of decision must, however, inform applicant’s of their right to complaint to the Office of the Victorian Information Commissioner.

For more information about how this affects your agency, please contact us.