Freedom of Information Guidelines
These Freedom of Information Guidelines (FOI Guidelines) provide guidance to the public, agencies, and Ministers on the Freedom of Information Act 1982 (the Act) and the Freedom of Information (Access Charges) Regulations 2014 (the Access Charges Regulations).
Adopting the approaches set out in the FOI Guidelines fulfils the object and intent of the Act to facilitate timely and low cost access to information. The FOI Guidelines are not legally binding and do not constitute legal advice.
This index page mirrors the Act and the Access Charges Regulations. Click on the arrows below to expand each Part and click on a section to learn more.
Click on a section to access downloadable versions of each Part.
Overview
This resource provides an introduction to the FOI Guidelines
Part I
Preliminary
Learn about the object of the Act, the definitions, and when the Act does not apply to courts and certain OVIC documents
Part IA
Office of the Victorian Information Commissioner
Learn about OVIC, and the Information Commissioner and Public Access Deputy Commissioner's functions and powers
Part IB
Professional standards
Learn about the FOI Professional Standards, who they apply to, and how OVIC monitors compliance with them
Part II
Publication of certain documents and information
Learn about the types of information agencies and Ministers have to publish, such as information about themselves and the documents they hold
- 7 - Publication of information concerning functions etc. of agencies
- 8 - Certain documents to be available for inspection and purchase
- 9 - Unpublished documents not to prejudice public
- 10 - Cabinet register
- 11 - Statement of certain documents in possession of agencies to be published
- 12 - Notices to require specification of documents in statements
Part III
Access to documents
Learn how to make a valid request and how to respond to a request
- 13 - Right of access
- 14 - Part not to apply to certain documents
- 15 - Documents in the Public Record Office
- 16 - Access to documents apart from Act
- 17 - Requests for access
- 18 - Transfer of requests
- 19 - Requests involving the use of computers etc.
- 20 - Access to documents to be given on request
- 21 - Time within which formal requests to be decided
- 22 - Charges for access
- 23 - Forms of access
- 24 - Deferment of access
- 24A - Repeated requests
- 25 - Deletion of exempt matter or irrelevant material
- 25A - Requests may be refused in certain cases
- 26 - Decision to be made by authorized person
- 27 - Reasons etc. to be given
Part IV
Exempt documents
Learn about exemptions which may apply to a document or information in a document
- 27A - Interpretation
- 28 - Cabinet documents
- 29 - Documents containing matter communicated by any other State
- 29A - Documents affecting national security, defence or international relations
- 29B - Documents of Court Services Victoria
- 30 - Internal working documents
- 31 - Law enforcement documents
- 31A - Documents relating to IBAC
- 32 - Documents affecting legal proceedings
- 33 - Documents affecting personal privacy
- 33A - Notice requirement where person is a child - document affecting personal privacy or information communicated in confidence
- 34 - Documents relating to trade secrets etc.
- 35 - Documents containing material obtained in confidence
- 36 - Disclosure contrary to the public interest
- 37 - Certain documents arising out of companies and securities legislation
- 38 - Documents to which secrecy provisions of enactments apply
Part V
Amendment of personal records
Learn how to make a valid amendment request, how to process an amendment request, and how to amend a record
Part VI
Review of decisions
Learn how to request a review of an agency or Minister’s FOI decision by OVIC, by VCAT, and how reviews are conducted
Division 1 - Review by Information Commissioner
- 49A - Applications to Information Commissioner for review
- 49B - Time for applying for review
- 49C - Form of application
- 49D - Notice and copies of application for review
- 49E - Parties to review
- 49F - Review of decision
- 49G - Information Commissioner may determine not to accept application or may dismiss review
- 49H - Procedure on review
- 49I - Agency or Minister must assist Information Commissioner
- 49J - Effect of delay by Information Commissioner in relation to requests
- 49K - Preliminary inquiries
- 49KA - Power to require a further search for documents
- 49KB - Information Commissioner may issue notice to produce or attend
- 49L - Referral back to agency or Minister for reconsideration
- 49M - Reconsideration at agency's or Minister's own initiative
- 49MA - Procedure after reconsideration under section 49L or 49M
- 49N - Information Commissioner may facilitate a negotiated agreement
- 49O - Referral of matter to a relevant authority
- 49OA - Review of decisions under section 25A(5)
- 49P - Decision on review
Division 2 - Conciliation by Health Complaints Commissioner
Division 3 - Review by Tribunal
- 50 - Applications for review by the Tribunal
- 51 - Information Commissioner may be called on to assist Tribunal
- 52 - Time for applying for review
- 53 - Reviews where decisions delayed
- 53AA - Procedure where Tribunal determines that there do not exist reasonable grounds for claim under section 29A
- 53A - Notification of reviews regarding documents affecting personal privacy
- 54 - Parties
- 55 - Onus
- 56 - Inspection of exempt documents by Tribunal
- 59 - Tribunal may reduce or waive charges
- 61 - Disciplinary action
Part VIA
Complaints
Learn how to make an FOI complaint to OVIC, what can be complained about, and how OVIC manages complaints
- 61A - Complaints
- 61B - Information Commissioner may accept or decline to deal with a complaint
- 61C - Referral of complaint to another body
- 61D - Notice of decision to investigate complaint
- 61E - Agency or Minister to co-operate with Information Commissioner
- 61F - Complaint must be dealt with in private
- 61G - Preliminary inquiries and consultation
- 61GA - Power to require a further search for documents
- 61GB - Informal resolution
- 61H - Conciliation of complaints
- 61I - Procedure for dealing with complaint if conciliation fails
- 61L - Outcome of complaints
- 61M - Complaints notified or referred by other bodies
Part VIB
Investigations
Learn how and when the Information Commissioner conducts investigations
Division 1 - Investigations
Division 2 - Reporting of investigation
- 61Q - Investigation report
- 61R - Content of investigation report
- 61S - Legal advice and representation - investigation report
- 61T - Tabling of report in Parliament
Division 3 - Investigations of public interest complaints
- 61TA - Information Commissioner must investigate public interest complaints
- 61TB - Information Commissioner must refuse to investigate certain public interest complaints
- 61TC - Information Commissioner may refuse to investigate certain public interest complaints
- 61TD - Notification of refusal to conduct investigation on public interest complaint
- 61TE - Notification of corrupt conduct
- 61TF - Procedure on completion of investigation of public interest complaint
- 61TG - Person who made public interest disclosure to be informed of result of investigation
- 61TH - Information Commissioner must not disclose certain information
- 61TI - Disclosure of information by Information Commissioner
- 61TJ - Confidentiality notice
- 61TK - Extension of confidentiality notice
- 61TL - Information Commissioner to provide the IBAC with copies
- 61TM - Disclosure subject to confidentiality notice
Part VIC
Coercive powers
Learn when and how the Information Commissioner uses coercive powers
- 61U - Notice to produce or attend
- 61V - Variation of a notice to produce or attend
- 61W - Service of notice to produce or notice to attend
- 61X - Failure to comply with notice to produce or attend
- 61Y - Reasonable excuse - self incrimination
- 61Z - Reasonable excuse - documents affecting national security, defence or international relations
- 61ZA - Reasonable excuse - cabinet documents and legal professional privilege
- 61ZB - Production under notice of document claimed to be exempt under section 28, 31, or 31A
- 61ZC - Statutory secrecy not a reasonable excuse
- 61ZD - Office of the Information Commissioner to report to the Victorian Inspectorate on issue of notice to produce or attend
- 61ZE - Power to take evidence on oath or affirmation
- 61ZF - Legal advice and representation
- 61ZG - Protection of legal practitioners and persons - notice to produce or attend
- 61ZH - Audio or video recording of examination
- 61ZI - Act applies equally to attendance in person or by audio or audio visual link
Part VII
Miscellaneous
Learn about protections in relation to legal action, offences, reporting by OVIC, and making regulations
Division 1 - Protections in relation to legal action
- 62 - Protection against actions for defamation or breach of confidence
- 63 - Protection in respect of offences
- 63A - Information Commissioner and certain other persons not compellable to produce documents in legal proceedings
- 63B - Protection of person making complaint
- 63BA - Application to Supreme Court
Division 2 - Production of documents to Information Commissioner
- 63C - Application of Division
- 63D - Special requirements for production of documents claimed to be exempt under section 28, 29A, 31 or 31A
- 63E - Use of documents claimed to be exempt
Division 2A - Offences
Division 3 - Reporting
- 64 - Reporting by Information Commissioner
- 64A - Reports to Integrity and Oversight Committee
- 64B - Duty of agency or Minister to comply with requirements of Information Commissioner
- 65AB - Report to Parliament by Minister