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Other Information

October & November webinars 

FOI Solutions is offering the following upcoming training sessions:

  • Validity of FOI requests in Victoria: Practical hints and tips from recent cases
  • Electronic "Documents" under FOI: A Guide Through the Maze
  • Basic FOI Training 1
  • Basic FOI Training 2
  • Intermediate FOI Training - Exemptions 1
  • Intermediate FOI Training - Exemptions 2

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

 

Question time

Q: Does information provided in confidence need to be true for the s 35 exemption to apply?

 

A: Section 35(1) of the FOI Act will exempt a document from release if the disclosure of the document would divulge any information or matter communicated in confidence by a person or on behalf of a person to an agency or Minister and the information or the disclosure of the information also meets the elements in either subsections (a) or (b) of the exemption. 

 

A question that comes up from time to time is whether the exemption can still be relied upon if the information that was provided in confidence is false, vexatious or questions arise as to the lawfulness of its communication to the agency.  The short answer is yes, the exemption can still be relied upon in these circumstances, so long as the other elements in the exemption are also made out.  For the exemption to be engaged, it does not matter whether the information is true or not or whether the person external to the agency who provided the information to the agency did so lawfully.  Where appropriate to do so, any questions of unlawfulness of disclosure can and should be addressed by other means, such as by contacting Victoria Police or regulatory bodies such as the IBAC or the Victorian Ombudsman.  

 

Q: Is it a breach of privacy to reveal an FOI applicant’s name when consulting? 

 

A: We are often asked this question; it is our general view that it is not.  Taking privacy obligations into account, the FOI Act envisages consultation in several instances, and in making a request under the FOI Act, an applicant should expect the legal parameters of that legislation to be used.  The PDP Act does not prevent personal information from being used when required or authorised by law, or where consent has been given, including implied consent.  More than this, we believe it is likely that the obligation to make an administrative decision requires decision makers to consider all relevant information for that decision.  How can an FOI decision be made taking all relevant information into account, if a person consulted with does not know the identity of the FOI applicant?  Consequently, we hold the view that it is not a breach of privacy to reveal an FOI applicant’s name when consulting as long as it is within the parameters of the FOI Act.