Make a request for our documents or request an amendment to a record
The Office of the Victorian Information Commissioner (OVIC) produces and holds a range of documents related to our regulatory and operational functions.
This page explains the process for:
- accessing OVIC’s information
- making a formal request for documents under the Freedom of Information Act 1982 (Vic) (FOI Act)
- making a request to amend personal information in a document held by OVIC.
Before you make a formal request for access
Check if the information or document is available on OVIC’s website. Try our about us and documents and publications webpages.
If you cannot find what you are looking for, contact us to see if you can access the information another way.
We may be able to give you information or documents outside the formal process in the FOI Act. If we can’t, or the document contains exempt information, we will ask you to make a formal request for access under the FOI Act.
Making a formal request for access to documents
The FOI Act gives you the right to request access to documents held by OVIC.
However, not all documents can be requested under the FOI Act. You cannot request access to:
- a document that is the subject of, or discloses information that relates to a review under the FOI Act, a complaint under the FOI Act, or an investigation. See section 6AA of the FOI Act.
- a protective data security plan provided to OVIC by an organisation in accordance with Part 4 of that Act. See section 90 of the Privacy and Data Protection Act 2014.
How to make your request
You can make a request for access under the FOI Act by emailing enquiries@ovic.vic.gov.au or applying online.
A request for access under the FOI Act must meet three requirements:
- your request must be in writing
- you must provide enough information to help us identify and locate the documents
- you must either:
- pay the application fee, or
- receive a waiver or fee reduction, if paying the application fee would cause you hardship.
If you believe that paying the application fee would cause you hardship, please let us know when you make your request. We recommend that you provide evidence of hardship. For example, a concession or health care card, a bank statement or a statutory declaration explaining why payment would cause you hardship.
After you submit a request
After you submit a request, we will check to see that it meets the requirements of the FOI Act.
If it does, we will begin processing it.
If it does not, we will contact you within 21 days and let you know what you need to do to complete the request. For example, paying the application fee or clarifying your request.
Timeframes
We have 30 days to provide you with a decision. The 30 days starts from the day after your request met the requirements of the FOI Act.
However, we can extend this time by up to 15 days if we need to speak to third parties. This can happen when the requested documents contain information of third parties. We may also extend this time by up to 30 days with your agreement.
We will let you know if the timeframe changes.
Making a formal request to amend personal information
You can ask OVIC to correct or amend your personal information in documents that we hold. You can do this if you believe the information is inaccurate, incomplete, out of date or misleading.
You can also seek amendment of a deceased person’s personal information, if you are the next of kin.
You must already have the information to be able to request an amendment. For example, the information may have been released to you under the FOI Act or given to you in some other way.
You cannot request that we delete or destroy the information. Amendments will usually be an addition or a notation on the document.
You cannot request amendment to some of the documents we hold. Section 6AA of the FOI Act prevents you from requesting amendment to a document that is the subject of, or discloses information that relates to:
- a review under the FOI Act
- a complaint under the FOI Act, or
- an investigation.
How to make an amendment request
You can make an amendment request by emailing enquiries@ovic.vic.gov.au.
Under section 40 of the FOI Act, a request for an amendment must:
- be in writing
- provide an address where a decision can be sent
- explain how the information is inaccurate, incomplete, out of date or misleading, and
- outline the specific correction or amendment you are seeking.
After you submit a request
After you submit a request, we will check to see that it meets the requirements in section 40 of the FOI Act.
If it does, we will begin processing it.
If it does not, we will contact you and let you know what you need to do to complete the request.
Timeframes
We have up to 30 days to provide you with a decision. The 30 days starts from the day after your request met the requirements of the FOI Act.
Authorised decision makers under the FOI Act
Decisions under the FOI Act can only be made by authorised decision makers. The Information Commissioner and OVIC’s Chief Operating Officer are OVIC’s authorised decision makers. They can make decisions on:
- a request for access to documents under the FOI Act
- a request for an amendment under the FOI Act.
More information
For more tips, read our guidance on how to make an FOI request and how to request an amendment.