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Welcoming Three New Members to our Team!

We have three new additions to our team, two new Lawyers, Grusha Malik and Bilge Eser, and Grace Wang, our new Administration Manager. 

 

Grusha is a law graduate who has experience overseas working in civil litigation prior to moving to Australia in 2018.   Upon moving to Australia, Grusha completed her Juris Doctor qualification at La Trobe University, graduating in December 2020 amidst the COVID-19 outbreak.  She was admitted into practice in Victoria in November of 2021.  Grusha is excited to help clients in all areas of administrative law, including freedom of information and privacy.

 

Bilge completed her Bachelor's degree in Commerce (with Distinction) and Law at Deakin University  in 2021.  After completing her Graduate Diploma in Legal Practice at Leo Cussen,  Bilge was admitted into practice as a lawyer in October 2022.  Prior to her commencement, she obtained legal experience both at a Melbourne CBD based law firm as well as in the community legal field.   With a passion for administrative law and a desire to widen her legal experience, means Bilge is a great acquisition for the firm.

 

Grace has extensive experience working in office administration roles both in Australia and China.  For the past 9 years, she was working as the Finance & Accounts Manager for a global training company.  Prior to this, Grace worked in consulting roles in Shanghai, including 7 years as a Team Leader in the paralegal division of Baker & McKenzie Shanghai Office, where she was responsible for handling Government affairs procedures for multinational clients.  

 

We would like to welcome  Grusha, Bilge and Grace to the FOI Solutions team!

Month Training Sessions

FOI Solutions offers training sessions via videoconference. 

 

Upcoming Training Sessions: 

  • March 1st 2023 - Basic FOI Training 1
  • March 3rd 2023 - Basic FOI Training 2
  • March 8th 2023 - Intermediate FOI Training: Exemptions 1
  • March 10th 2023 - Intermediate FOI Training: Exemptions 2 
  • For more information or to book online, visit the training sessions page on our website.

We are presently planning our sessions for the first half of 2023.  Be sure to check in to our website training page from time to time to see what is on offer.  If you have any suggestions for the type of session you would like us to present, please feel free to drop us a line: marketing@foisolutions.com.au 

Question Time

Q:  Our agency recently received a request for access to documents containing personal affairs information which we do not think it would be unreasonable to release.  Are we stillrequired to consult with those individuals before making a decision to disclose their information under the FOI Act?

 

A:   Unless exceptions under s 33(2C) of the FOI Act are satisfied, it is a legal requirement to consult with individuals before making a decision to disclose their personal affairs information under the FOI Act. 

 

The exceptions are where if: 

  • consultation would be reasonably likely to endanger the life or physical safety of a person, or cause that person undue distress, or is otherwise unreasonable in the circumstances; or
  • the person to be notified is a primary prison, and the notification would be reasonably likely to increase the risk to that person’s safety from family violence; or 
  • it is not practicable to do so. 

If you are unsure about whether consultation is required for any documents in relation to an FOI request, or would like assistance with this topic more generally, please let us know

 

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 and received by the applicant within the 30 days, and the applicant purports to seek review from the VCAT of a decision taken to have been made to refuse access arising from such a delay, if it turns out that there are actually 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.

 

Apart from this exception, no documents decisions made within time are usually subject only to the right to complain to the Information Commissioner.