From the Executive Director

Victorian FOI Application Fee Change Reminder

Just a brief reminder for all Victorian agencies to review their internal and external facing documents to reflect the recent change to the FOI Application Fee, which is $31.80 as of 1 July 2023. 

This change arises from the usual annual increase to the value of a fee unit set under the Monetary Units Act 2004.   

A fee unit is $15.90 from 1 July 2023 so that the FOI Application Fee of 2 fee units is now $31.80.  

If you receive an FOI request where an applicant has mistakenly paid last year’s application fee of $30.60, take it as a reminder to review and update your externally facing documents.  The VCAT has previously held that payment of a previous year’s application fee – where there was a difference of 50c – was substantial compliance with s 17(2A) of the FOI Act.  The 50c different was taken into account in the shortfall as was the applicant’s intention to pay the application fee, albeit making a mistake as to the amount.  

We frequently see errors in agency materials following the annual change to the FOI Application Fee, which can lead to confusion as to the status of FOI requests when the incorrect application fee has been received.  

To best address this, we recommend reviewing all your internal policies, procedures, application forms (particularly online application forms), website and anything else which may refer to the application fee payable.  Updating your materials will minimise the risk of applicants mistakenly paying last year’s application fee.  

If we can assist with auditing your FOI document or conducting a review to make sure your materials are up to date, please let us know.