FOI faqs
What is Freedom of Information?
The Freedom of Information Act 1982
· gives you a right to apply for access to documents held by government agencies
· gives you a right to apply for amendment of personal information about you held by government agencies.
What sort of information can I request?
You can request any kind of personal or non-personal information.
· Personal information includes information pertaining to yourself.
· Non-personal information includes government policy documents, research and data materials and information pertaining to other persons.
Is any information not available to me?
In accordance with the Act, this department will whenever possible make information available. However,
the Act does allow for the department to refuse access to information/documents in certain circumstances.
Such information is called "exempt" and includes:
· Documents containing information provided to the department in confidence. E.g.Child
protection notifications and investigations.· Documents concerning law enforcement and public safety;
· Documents subject to legal professional privilege;· Documents subject to secrecy provisions in other legislation;
· Documents containing information about the personal affairs of another person;
· Documents containing information about the business affairs of another person or organisation.
How do I apply for information?
You must write to the agency or submit an application online and identify the information or document that you would like to access. It helps if you provide as much information as possible about the document you wish to access, such as the agency reference number, type of document, the date it was produced. If your application is for non personal information you will need to pay the application fee at the time you make the application.
Who can help me with my FOI application and how do I contact them?The FOI officers in the department can help you make your FOI request. You can contact them on 03 9096 8449.
Can I apply for documents for someone else?
Yes. A person may apply for documents as an agent for another person. A parent or another person having guardianship of a child may apply for documents on behalf of the child. The FOI officer will seek evidence of your authority to act as an agent or evidence of your guardianship status.
Can I apply for my children’s personal information?
You can apply for the information of your children if you are the guardian of that child and you have custody. You will not be able to access any information related to who reported a child protection matter to the department regarding your child. The FOI officer will seek evidence of your guardianship status.
How long will my application take?
The FOI Act requires the agency to make a decision on a valid request within 45 days from the date it was received.
Once an agency receives your request, an FOI officer will review it to make sure that all the necessary information has been included and the documents you are requesting have been clearly identified. If no further information is required, your application will be acknowledged within 7 days of receipt by the department.
If the department believes you need to pay processing charges for the application, you will be sent a letter advising you of this and be given the opportunity to talk to the agency or dispute the charges. You will need to respond to this letter within 28 days.
When your request has been processed, you will be sent a letter setting out the department’s decision and why we have made it.
You can assist the agency by ensuring your request is sufficiently clear for the officer to process it and that you have paid the application fee if it is required.
If the department is unable to identify any documents relevant to your request, it must notify you within 45 days of receiving your request.
Which applications may require consultation with other people?
If the documents you are seeking contain personal information about other people, and a decision has been made that it is reasonable to release that information to you, the Act requires that those people be contacted and given 60 days to appeal the release of their personal information to the VCAT.
Can I request a review of my FOI decision?
The Act provides that a person who is dissatisfied with a decision made by an agency may seek an internal review. Following and internal review if you are still dissatisfied with the decision you can appeal the matter to the VCAT. Other avenues of complaint, such as the Ombudsman's Office are also options open you.