From the Executive Director

Watch this space for access charges ruling

As you may be aware, FOI Solutions acted for Monash University in relation to a VCAT ruling about access charges.  It was about charges for emails and other information stored electronically in agency databases.  

The University has lodged an appeal with the Supreme Court of Victoria.  The hearing is due to take place later this year, with a ruling expected very late in the year or early next year.  

The Court's decision will hopefully provide agencies definitive guidance on whether electronically stored information, like emails, falls within s 19 of the Victorian FOI Act - that is, requiring an agency to generate a written document and dealing with that as if it was the document sought.  

The Court decision will also determine whether such electronically stored material triggers access charges in the relevant Regulations allowing an agency to charge the reasonable costs incurred in providing access to a written document containing the information sought (Item 7 in the Schedule to the relevant Regulations).

This Court case is likely to have significant impact on the access charges regime as agencies are increasingly moving or have moved to electronically stored records.

To see the Government Gazette notice about the case, click here.

Don't hesitate to contact us if you have any issues with this difficult area in access charges calculations.

New website 

Don't forget to visit the new FOI Solutions new website.  

Feedback has been very positive, including about the ease of navigation and ability to book online for our training sessions - even the videoconference training sessions being offered during the current COVID-19 environment.

We would love to hear what you think about our website.  Please contact us here once you have had a browse.