Other Information
October training sessions
FOI Solutions is offering the following upcoming training sessions:
- 5 October 2021 - Basic FOI Training 1
- 7 October 2021 - Basic FOI Training 2
- 8 October 2021 - Tackling the Challenges of 3rd Party Consultations
- 12 October 2021 - Intermediate FOI Training: Exemptions 1
- 14 October 2021 - Intermediate FOI Training: Exemptions 2
For more information or to book online, visit the training sessions page on our website.
Question time
Q: Sometimes the OVIC will extend the period for conducting its review of your agency's decision on the ground that it is still deciding whether on not to accept the applicant for review. Can it do this?
A: In our view, the OVIC does not have the power to unilaterally extend the period for conducting its review. Under s 49J of the FOI Act, the Information Commissioner must complete his review 30 days after receiving the application for review. The only way that period can be extended is if the applicant agrees to the extension in writing. If an application for review is valid at the time of receipt by the OVIC, time starts ticking. There are serious questions about when an extension of time can be sought by the OVIC and whether more than one extension can be granted.
Q: Where an agency refuses access to certain documents and determines that other documents falling within a request do not exist, should the agency give the applicant Information Commissioner review rights and inform them of their right to complain to the Information Commissioner?
A: No. In our view, you cannot ‘split’ an FOI request into separate parts. For that reason, an agency cannot make a decision both to refuse access to documents and a decision that no documents exist. A ‘no documents’ decision should only be made where there are no documents at all falling within the whole request. If there are some documents falling within a request, your agency’s decision should address those documents rather than also purport to make a ‘no documents’ decision. In our view, your agency either has documents falling within a request or it does not.
For more information about how this affects your agency, please contact us.