Find and request access to information
You can access information from Victorian government agencies and ministers in a couple of ways.
Agencies and ministers publish a lot of information on their websites. They also provide access to information in other ways.
If you can’t find what you’re looking for, you have the right to request access to documents under Victoria’s freedom of information law, the Freedom of Information Act 1982 (Vic) (FOI Act).
This page explains how to find and request government information.
Step 1 – Check if the information is available without making an FOI request
You might not need to make an FOI request to access the information you are looking for.
Before you make an FOI request:
- go online to see if the information you need is on the agency or minister’s website
- contact the agency or minister to see if you can access the information another way
- check if the information is already available or can be released outside the FOI Act (see below for more information).
You can find the contact information of agencies and ministers here.
The information may already be available
The information you are looking for may already be available to the public.
An agency or minister may proactively release information in several ways. Some examples include:
- information published on an agency or minister’s website
- data published on vic.gov.au
- information about consultation opportunities in the Victorian government, on engage.vic.gov.au
- tender, contractual and financial information published on Buying for Victoria
- information published online in public registers.
You might be able to access the information outside the FOI Act
An agency or minister may be able to give you information outside the FOI Act. This can happen without you needing to make an FOI request. It can also happen instead of the agency or minister processing your FOI request.
The agency or minister may give you all, some, or none of the information you asked for.
An agency or minister may provide access to information outside the FOI Act by:
- telephone or email, in response to an FOI request
Example, you make an FOI request. With your agreement, the agency releases the information to you via telephone or email. This is quicker and easier than formally processing your FOI request.
- telephone or email, without making an FOI request
For example, you send an email asking when public consultation closes on a proposed infrastructure project and next steps. The agency provides the requested information to you by return email.
- inviting you to inspect information you requested
For example, you ask an agency to inspect information on a register that the agency maintains. The agency tells you how to access the register using the application form, and whether a fee applies. The agency facilitates the inspection.
- providing access to information under an informal release scheme. Some agencies have release schemes that operate outside of the FOI Act for accessing commonly requested information. Information about informal release schemes is usually available on the agency’s website. In some cases, a charge may apply to access information or a document.
For example, you can access:
If the information is not available outside the FOI Act, you can make an FOI request.
Step 2 – Make an FOI request
Learn how to make an FOI request.
What should I consider before making an FOI request?
Before you make an FOI request:
- Is the information you need in a document?
Generally, you can’t request information that does not exist in a record. An FOI request must be for information contained in documents held by an agency or minister. Documents can be electronic or hard copy. For more information, see the definition of ‘document’ in the FOI Guidelines.
- Have you confirmed the agency or minister has the document you seek?
Contact the agency or minister to confirm if it has the document before making your request.
The FOI Act applies to government departments and ministers, local councils, public hospitals, public schools, universities and TAFEs, and statutory authorities.
You can find the contact information of agencies and ministers here.
- Have you gone through Step 1 to check whether you can access the document without making an FOI request?
The document may be available on an agency or minister’s website or available for a fee.
The document may be accessed in a different way, without you needing to make an FOI request.
- Why do you want access to the document or information?
You may want the document or information for a specific purpose. If you tell an agency or minister why you want the information, it can help them determine what documents or information is available and whether they can release it to you without an FOI request.
What is an FOI request?
An FOI request is a request made under Victoria’s freedom of information law, the Freedom of Information Act 1982 (Vic) (FOI Act). A request under the FOI Act must meet three requirements:
- your request must be in writing
- you must provide enough information to help the agency or minister 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. You need to request a waiver or fee reduction and have this accepted by the agency or minister.
How can I make sure my request is clear?
Be specific about the documents you seek and include as much information as possible.
Think about:
- what the documents relate to (for example, a complaint you made, an interaction you had with an agency, or a decision made by an agency about a project or issue)
- the date range in which the documents may have been created
- where the documents might be located (for example, in Jane Doe’s email account, or a specific business or work unit in an agency)
- the type of document you would like to access (for example, an email, report, CCTV footage).
It can also be helpful to exclude certain documents or information from your request if they aren’t relevant. For example, you could specify that you don’t want:
- draft documents
- personal information of other people (such as name and contact details)
- commercial information about a business.
Excluding documents or information can help the agency or minister to process your request more quickly.
If your request is unclear, the agency or minister will contact you. They will take reasonable steps to help you clarify which documents you want to access.
How do I make an FOI request in writing?
You must send your FOI request to the agency or minister in writing. There are different ways to make a request in writing.
You can:
- send an email with your request (agencies must provide an option to make a request by email)
- send a letter with your request
- apply online using the online portal. Only certain agencies are on the portal.
Some agencies may have a separate online portal or an application form that you can use. You can also use our FOI request form to make a request.
If you are not sure what to do, look online or contact the agency or minister to find out the best way to send your request.
You can find contact information of agencies and ministers in our online agency database.
If you are requesting your own personal information or records, you should provide proof of your identity. For example, a driver’s license or other identification. Without proof of your identity, the agency or minister may not be able to release the documents to you for privacy reasons.
Using AI tools
OVIC understands that Artificial Intelligence (AI) tools can make it easier to write to government agencies. This includes tools like ChatGPT or Google Gemini.
Before you use an AI tool, read our guidance on what to know before relying on AI. This will help protect your privacy and help you when using AI.
Is there a fee for making an FOI request?
Yes. The current application fee is $34.50.
The application fee increases each year on 1 July.
Before making your request, it is a good idea to confirm how much the application fee is. You can do this by contacting the agency or ninister or checking our website.
What if I can’t pay the application fee?
You can ask the agency or minister to waive or reduce the application fee if paying it would cause you hardship.
If you ask for a fee waiver or reduction, you should provide evidence of hardship.
Your evidence could be:
- a concession or health care card
- a bank statement
- a statutory declaration outlining why payment would cause you hardship.
Are there any other costs?
You may have to pay charges before you can access the requested documents. For example, the agency or minister may charge for:
- the time it takes to search for documents related to your request
- the cost of providing copies of documents to you
- the cost of supervising an inspection of the documents.
If the charges are more than $70.00, the agency or minister will contact you. They will ask you to pay a deposit before proceeding with your request.
What happens after I make an FOI request?
After you make a request, the agency or minister will make sure it meets the requirements of the FOI Act.
If the request does not meet the requirements of the FOI Act
The agency or minister 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.
You will have 21 days to take the requested action. The agency or minister will try to help you to meet the requirements of the FOI Act.
It is important that you try and work with the agency or minister within the 21 days. If you don’t, the agency or minister may close your request without processing it. If this happens, and you still want to access the documents noted in your request, you will have to make a new request. This means sending a new request to the agency or minister and paying the application fee again.
If the request meets the requirements of the FOI Act
The agency or minister will begin processing your request.
An agency or minister may send you a letter acknowledging receipt of your request. They don’t have to though.
Step 3 explains what happens next.
Step 3 – The agency or minister makes a decision
Learn about:
- how long an agency or minister has to process your request
- what happens after the agency or minister makes a decision.
How long will it take for my request to be processed?
An agency or minister has between 30 to 45 days to provide you with a decision.
The timeframe will depend on whether the agency or minister needs to speak to third parties. This can happen when the requested documents contain information of third parties.
The agency or minister can extend the timeframe beyond 30 to 45 days if you provide your consent.
The agency or minister will let you know if the timeframe changes.
What if I don’t receive a decision on time?
Sometimes it takes longer for an agency or minister to make a decision.
If you’re still waiting to receive a decision and the deadline has passed, contact the agency or minister and ask them for an update.
You can also contact us. We can assist you by explaining your options and providing guidance. For example, you may be able to make a complaint to us about the delay.
What happens after the agency or minister processes my request?
After the agency or minister processes your request, they will give you a decision.
The decision will tell you:
- whether all, some, or none of the documents are being released to you
- which exemptions (if any) apply to the information or documents
- what you can do next.
What does it mean if a document is exempt or contains exempt information?
There are exemptions in the FOI Act. These are reasons why an agency or minister decides not to give a document or information to you.
Sometimes more than one exemption may apply. This means there is more than one reason why an agency or minister cannot give a document or information to you.
Sometimes the agency or minister can remove the exempt information and give you the rest of the document. They can do this if it is practicable, and you agree to accept an edited copy of the document.
An agency or minister looks at the particular facts and circumstances to decide whether a document or information is exempt.
A summary and example of each exemption is below.
Personal affairs information of other people
Personal affairs information is any information or opinion about:
- an identified person
- a person whose identify can be reasonably determined.
This includes the personal affairs information of deceased persons.
Personal affairs information is exempt where its disclosure to you is unreasonable.
Examples
- A person’s medical history, where they do not consent to you accessing it.
- An incident report involving a student at a school, where they or their parent or guardian do not consent to you accessing it.
Opinion, advice, recommendation, consultation or deliberation
Agency officers communicate with each other every day, providing opinions, advice, and recommendations.
They also engage in consultation and deliberation with each other and ministers.
This information is exempt if providing access would be contrary to the public interest. An agency or minister looks at whether disclosure of the information would impair or hinder an important interest or purpose. For more information on the ‘public interest’, see section 30 of the FOI Guidelines.
Examples
- Emails between agency officers. In the emails the agency officers are discussing and considering options. The options relate to next seps in managing a sensitive workplace dispute.
- Opinions or notes recorded by an interviewer during a recruitment or interview process.
Information provided in confidence
Agencies receive confidential information for a range of reasons, to enable them to perform their role and functions.
Confidential information is exempt if disclosing it to you would harm the ability of the agency to get similar information in the future.
Examples
- A voluntary statement provided by a victim, witness, or accused person during an investigation.
- A complaint made to a local council about a neighbour who is not complying with a local law or regulation. For example, constructing a structure without a permit.
A business’s commercial, financial or business information
Companies and organisations provide business, commercial and financial information to agencies and ministers.
This information is exempt if disclosing it to you would disadvantage the company or organisation in an unreasonable way.
Examples
- Commercial, business or financial information provided as part of an unsuccessful tender.
- Trade secrets, such as intellectual property or specific commercial or business strategies.
In these examples the disclosure must disadvantage the company in an unreasonable way. For example, providing competitors with an unfair advantage or undermining the company’s market position.
An agency’s commercial, financial or business information
Some agencies engage in trade or commerce. They hold business, commercial or financial information relating to those activities.
This information is exempt if disclosing it to you would disadvantage the agency in an unreasonable way.
Examples
- An agency may have commercial functions, distinct from its government services or functions.
- An agency may be competing with other Australian states to provide a service.
In these examples, disclosing the agency’s business, commercial or financial information must disadvantage the agency in an unreasonable way. For example, reducing the agency’s ability to compete in the market, or strengthen the bargaining position of the agency’s competitors.
Legally privileged information
Agencies communicate with their lawyers to get legal advice, or during legal proceedings. This information is protected by legal privilege. It is exempt from disclosure.
Examples
- Emails between a business unit of an agency and the agency’s legal officer, requesting or providing legal advice.
- A report commissioned by an external lawyer to assist it in providing legal advice to an agency. For example, an expert’s report.
Information that would prejudice an investigation or the enforcement of the law
Some agencies investigate breaches of the law and enforce or administer laws. They hold information relating to these functions. This information is exempt if disclosing it to you would prejudice performance of these functions.
Examples
- Reports or briefs of an ongoing investigation, where disclosure could prejudice the outcome.
- Details about how to conduct a particular type of investigation, where disclosing this information could impact on or undermine the effectiveness of the investigation.
Prejudice the trial of a person or adjudication of a case
Agencies hold information relating to or to be used in criminal, civil or administrative court cases and proceedings. This information is exempt if disclosing it to you would prejudice the fair trial of a person, or the impartial adjudication of a particular case.
Example
- Documents relating to an ongoing trial, where the premature disclosure of documents could result in witness or evidence contamination.
Confidential sources of information in law enforcement
Law enforcement agencies, including police, rely on confidential information provided by members of the public and other individuals. Information that would enable a person to establish the identity of a confidential source of information is exempt from disclosure.
Example
- The identity of an individual who voluntarily notifies an agency in relation to a crime they have witnessed.
Methods for preventing, detecting, investigating, or dealing with breaches of the law
Law enforcement agencies, including police, use various methods and procedures for preventing, detecting, investigating or dealing with unlawful activities. This information is exempt where it is not widely known, and its disclosure would prejudice the effectiveness of those methods or procedures.
Examples
- Covert methods and procedures used by police when conducting criminal investigations.
- Assessment factors when determining a prisoner’s security rating.
Endanger the life or physical safety of people involved in law enforcement
Certain information, if disclosed, can endanger the life or physical safety of law enforcement officers or individuals who provide confidential information to a law enforcement agency in relation to unlawful activities. This information is exempt from disclosure.
Examples
- Information that, if disclosed, could endanger the lives and safety of law enforcement officers like police officers or child protection workers.
- Information that could reveal the identity or location of a person subject to lawful protection, if disclosed.
Cabinet deliberations or decisions
The Cabinet is the primary decision-making body of the Victorian government. Some discussions and decisions in the Cabinet are exempt from disclosure. This includes documents prepared for the Cabinet, and briefings to ministers on issues to be discussed by the Cabinet.
Examples
- A briefing document created for the purpose of being considered by the Cabinet.
- A document that records, summarises or paraphrases a Cabinet decision or deliberation.
Secrecy provisions
Legislation can contain provisions that prohibit the disclosure of specific information. These are called secrecy provisions. Disclosing this information without authorisation or permission usually carries a penalty or fine. Information covered by secrecy provisions is exempt under the FOI Act.
Examples
- Documents relating to management and security of prisons and prisoners – Corrections Act 1986.
- Documents involving Child Protection in relation to the wellbeing or safety of a child – Children, Youth and Families Act 2005.
Documents relating to the Independent Broad-based Anti-corruption Commission
Information relating to investigations conducted by the Independent Broad-based Anti-corruption Commission (IBAC) are generally exempt from disclosure. This includes information that would prejudice an IBAC investigation, reveal confidential sources, or prejudice the effectiveness of methods or procedures used in its investigations.
Examples
- Any document created by an agency for the purpose of responding to an investigation of IBAC.
- Any document of an agency provided to IBAC for the purposes of assisting in an IBAC investigation.
Information communicated by any other State
The Commonwealth, States and Territories share information and are in constant communication. This information is exempt if disclosure:
- would be contrary to the public interest, and
- prejudice relations between the Commonwealth, states or territories, or
- disclose confidential information.
Examples
- Preliminary policy advice provided by the Commonwealth to the State, where its disclosure would prejudice ongoing relations and the State’s position.
- Information communicated between governments on family violence or child protection matters, where disclosure would be contrary to the public interest.
Information affecting national security, defence or international relations
Information relating to national security, defence or international relations is generally highly confidential due to its sensitive nature. This information is exempt from disclosure if it could damage the security, defence or international relations of the Commonwealth, or a State or Territory.
Examples
- If disclosing the document would prevent a security organisation from obtaining information on persons engaged in espionage.
- If disclosing the document would reveal tactics and procedures for dealing with terrorism.
Certain information of Court Services Victoria
Court Services Victoria provides services and facilities to all of Victoria’s courts and the Victorian Civil and Administrative Tribunal. Information held by Court Services Victoria relating to the exercise of judicial or quasi-judicial functions of a court or the Victorian Civil and Administrative Tribunal is exempt.
Examples
- A briefing to a judicial officer relating to ongoing court proceedings.
- A document that records the making of Court Rules used for the exercise of judicial functions of a court.
Information likely to adversely affect the economy or certain agency operations
Some information can adversely affect the economy if disclosed too soon. Agencies also hold information to assist agency officers in negotiations to execute contracts, or in legal disputes relating to financial, commercial or labour matters. This information is exempt from disclosure.
Examples
- Documents revealing consideration of a contemplated movement in bank interest rates.
- Documents relating to the sale or acquisition of land or property by the Crown which, if disclosed, would have an adverse effect on the economy.
What can I do if I don’t understand the decision or have questions about it?
Contact the agency or minister who made the decision if you don’t understand it or have questions.
The agency or minister can explain the decision and try to answer any questions you may have.
If you’re not happy with the decision, continue to Step 4.
Step 4 – When you can complain to us or apply to us for a review
What can I do if I’m unhappy with the agency or minister’s decision?
If you did not get all the information you requested, you can apply to us for an independent review of the decision.
What can I do if there is a problem with how the agency or Minister handled my FOI request?
If there is a problem with how the agency or Minister processed or handled your FOI request, you can make a complaint to us.
