Other Information
Welcoming Two New Members to our Team!
We have two new editions to our team, Ben Seskis and Esra Ikiz, our new law clerks.
Ben is will be commencing his third year of university studying a double degree of Law and Arts (majoring in politics and international relations, while also minoring in history). Ben is enjoying gaining experience in practical legal work, particularly in administrative law, while working in a positive and professional work environment.
Esra will also be commencing her third year of university studying a Bachelor of Laws. Esra has previous experience working in a legal environment that compliments her interests in Migration Law. She is enthusiastic about this opportunity to expand her legal knowledge in the area of administrative law.
We welcome both Ben and Esra to the firm and wish them all the best!
Annual VCAT decision summaries
If you want an easy and concise way of understanding how FOI, privacy and health privacy is dealt with at VCAT, take advantage of our VCAT Annual Case Summaries!
Our experienced staff have been preparing VCAT summaries since 2004. The summaries are designed to assist agencies understand current trends in how VCAT deals with FOI, privacy and health privacy related matters.
For more information or to purchase the 2021 summaries visit our website or contact our office on (03) 9601 4111 or email marketing@foisolutions.com.au.
NOTE: Our office also prepares monthly VCAT case summaries if you want to keep up to date on an ongoing basis rather than waiting to end of the year. If this service suits you more please register your interest.
Question time
Q: Where the Information Commissioner makes a decision to release documents after reviewing a decision and the agency does not intend to challenge that decision, does the agency need to notify the Information Commissioner of its intention to comply with the decision?
A: No. The FOI Act does not make this a positive legal requirement. Section 49P of the FOI Act states that after the Information Commissioner has made a fresh decision on a request, he must give the parties notice in writing setting out the reasons for the decision and their rights to apply to the Tribunal for review. It also states that a decision requiring an agency to release a document does not take effect until 60 days after notice of the decision is given, or if an application is made to the Tribunal within that 60 day period, until the Tribunal makes a decision. The 60 day period must have passed, even if you do not intend to challenge the Information Commissioner's decision, before there arises any legal obligation to comply with it.
In our view, notifying the Information Commissioner of your intention to comply would constitute an unnecessary administrative burden for your agency.
If you intend to challenge the Information Commissioner's decision you have the option of making an application for review to VCAT. In that instance you would be required to notify the Information Commissioner of the fact that you were seeking review of her decision. If you do not make an application for review within the 60 day period, in our view the agency's silence is sufficient to show it intends to comply.
Q: Did you know you can seek a copy of the application for review your agency’s decision from the Information Commissioner?
A: Under s 49D of the FOI Act, at any time during a review, the Information Commissioner may provide an affected agency with a copy of the application for review. This can occur at the request of the agency or on the Information Commissioner’s own initiative. Importantly, the Information Commissioner can only provide a copy with the consent of the applicant. Further, the power to provide your agency with a copy of the application for review is discretionary and you cannot obtain one as of right. We recommend that you seek a copy of the application for review on every occasion where review is sought from the Information Commissioner so that your submissions are addressing the applicant's concerns.