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Section 17 - Requests for access

Guidelines

Purpose and effect of section 17

1.1

Section 17 sets out the requirements for making a valid request under the Act. ‘Valid’ means the request meets the requirements in section 17.

1.2

An agency or Minister is not required to process a request until the requirements of section 17 are met. However, an agency or Minister must assist an applicant to make a valid request.3 This supports Parliament’s intention to facilitate the disclosure of information.4

Requirements of a valid request

1.3

There are three requirements for making a valid request under section 17:

  1. The request must be in writing;
  2. The request must provide sufficient information as is reasonably necessary to identify the documents requested; and
  3. The request:
    • must include the application fee; or
    • the agency or Minister must have agreed for the fee to be reduced or waived. The request is not valid until the agency waives the application fee or the applicant pays the reduced fee.

Joint requests

1.4

The right of access under section 13 is granted to every person (singular), not persons (plural).

1.5

This means a request must come from one person.7 A request made by two or more people is not a valid request. For example, a partnership cannot make a request under the Act, because it is not an individual, body politic or corporate. 8

Request must be in writing

1.6

A request must be in writing.12 It cannot be made verbally. However, if an applicant is unable to make a written request (for example, due to disability), an agency or Minister must assist the applicant to make their request in writing (for example, by speaking to them on the telephone, notating their request, and reading it back to them to confirm).13

1.7

There are several ways an applicant can make a written request. For example, by email, post or using an online portal. A support person, advocate or lawyer can also write on behalf of an applicant.

1.8

At a minimum, Professional Standard 2.1requires agencies to provide the option of making a request by email.

1.9

Providing a proforma application form can also be a useful tool to guide an applicant to make a valid request.14 However, an agency cannot make an applicant use a proforma application form; it can only be offered as an option (Professional Standard 2.3).

Paying the application fee

1.10

A request must include payment of the application fee unless the application fee is waived or reduced on hardship grounds.18

1.11

The application fee is two fee units.19 The value of a fee unit is set by the government and increases with indexation each year. You can find the current value of a fee unit on the website of the Department of Treasury and Finance.

1.12

When calculating a fee using fee units, the amount of the fee may be rounded to the nearest ten cents.20 This means that the application fee can be rounded to the nearest ten cents.

1.13

An agency must take reasonable steps to provide options for payment of the application fee that are the same as accepted payment methods the agency provides for other services of a similar financial sum (Professional Standard 2.2). For example, if the agency accepts payment by credit card, BPAY or direct debit for services less than $40, the agency should also allow applicants to pay the application fee using these payment methods.

Waiving or reducing the application fee

1.14

A request is not valid until the:

  • application fee has been paid in full; or
  • agency or Minister has agreed to reduce the fee, and the reduced fee has been paid; or
  • agency or Minister has agreed to waive the fee in full.25
1.15

An applicant may request a waiver or reduction of the application fee if payment would cause the applicant hardship.26 An applicant may request a fee reduction or waiver whether or not they paid the application fee.

1.16

An applicant has the right to apply to OVIC for a review of an agency’s or Minister’s decision not to waive or reduce an application fee.27 VCAT has no jurisdiction to review a decision to refuse to waive or reduce an application fee.28

Assessing hardship

1.17

Consistent with the object of the Act, the application fee is not intended to impose a barrier to a person making an FOI request.

1.18

The decision to waive or reduce an application fee is a discretionary decision that must be exercised as far as possible to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information.36

1.19

Assessing whether paying the application fee will cause hardship to the applicant will depend on the context and merits of each situation. It involves questions of fact and degree as well as a value judgment.37

1.20

The word ‘hardship’ is not defined in the Act and should be given its ordinary meaning.38 Agencies and Ministers are encouraged not to take a technical or overly legalistic approach when determining whether to waive an application fee.

1.21

In other contexts, the term ‘hardship’ has been interpreted to include any matter of appreciable detriment whether financial, personal, or otherwise’39 and to have the quality of being ‘hard to bear or a substantial detriment’.40

1.22

An applicant does not need to prove that paying an application fee would deprive them ‘of the comforts or necessities of life’, to meet the requirement of hardship. Hardship can encompass a lesser degree of suffering.41

1.23

An applicant should provide the agency or Minister with relevant evidence that paying the application fee would cause them hardship. This might include a health care or concession card, a bank statement, or statutory declaration detailing the circumstances of their hardship.

1.24

The amount of required evidence must be proportional to the amount of the charge involved. In a usual situation where the amounts are not large, a detailed inquiry into the applicant’s means may not be justified. In most cases, an inquiry as to income, estimated weekly commitments and available cash in bank or similar accounts may be sufficient to assess hardship.42

1.25

Agencies and Ministers should develop and consistently apply a policy for waiving or reducing the application fee. The policy should be accessible to the public on the agency or Minister’s website. For example, this may include forms of evidence for establishing hardship that the agency or Minister accepts.

Deciding hardship

1.26

An agency or Minister must make a decision to waive or reduce the fee for the waiver or reduction to take effect. If no decision is made, and the applicant does not pay the full fee, the request will not comply with the requirement in section 17(2A) to pay an application fee of 2 fee units and will not be a valid request.45

1.27

However, agencies and Ministers must assist an applicant to make a valid request and should make a timely decision on a request for a fee waiver or reduction and provide guidance to the applicant on what kind of evidence the agency or Minister needs to show hardship.46

Request must provide sufficient information to identify the document

1.28

An applicant must provide enough information as is reasonably necessary for the agency or Minister to be able to identify the document.48 In other words, the request must be specific and clear enough for the agency or Minister to search for the requested document.

Interpreting a request

1.29

Agencies and Ministers are encouraged not to take a technical or overly legalistic approach to interpreting the terms of a request.

1.30

Whether an applicant has provided enough information to enable an agency or Minister to identify the requested document will depend on each request.58 In almost all cases, though, it will be possible to arrive at some type of reasonable interpretation of a request.59

1.31

Agencies and Ministers must use internal knowledge of its document holdings in interpreting a request and should take reasonable steps to inform itself of the subject matter of a request.60

1.32

Other contextual information that may assist in understanding a request might include:

  • engagements by the agency or Minister with the applicant such as previous requests for access, employment, or complaints;
  • communications between the agency or Minister and the applicant about their request or other matters; or
  • events related to the request either within the agency or broader community, for example, construction projects or contracts that impact on the applicant or community.
1.33

An agency or Minister should expect that an applicant will usually not have detailed knowledge of what the agency or Minister does, the types of documents it holds, and how to accurately describe or identify the documents to which they seek access.61

1.34

A request should be interpreted fairly by an agency or Minister, with an eye to what the applicant is trying to describe, regardless of the words or terms used. Given the purpose and object of the Act, an overly technical or legalistic approach should be avoided.62 If an applicant uses a word or term that has a common or ordinary meaning as well as technical meaning, the ordinary meaning should be used unless it is clear the technical meaning was intended.

1.35

If an agency or Minister fairly and reasonably understands what documents are sought and can search for that material, it should not insist on precise identification or description of the documents before accepting the request.63

1.36

On the other hand, section 17(2) does not require an agency or Minister to read between the lines of a request. If the wording of a request is ambiguous or unclear, to the point that the agency or Minister cannot undertake a search, an agency or Minister should not read into the request what it believes the applicant might be seeking.64 Instead, the agency or Minister should contact the applicant, promptly, to clarify the request and provide assistance.

1.37

Processing a request based on an assumption about what the applicant might be seeking can lead to the agency or Minister providing access to irrelevant documents or documents not sought by the applicant. This may lead to delay to the applicant, the unnecessary use of agency and Minister resources, and the applicant making an unnecessary application for review.65

1.38

A request expressed as two alternative options may be sufficiently clear and capable of being understood, where the two options do not contradict one another, and it is clear the applicant will accept either option chosen by the agency or Minister.66

Requests for historical or future documents

1.39

Documents may only be sought if they existed at the date a valid request is received by an agency or Minister. A request cannot seek access to documents that were received or came into existence after the agency or Minister received the request. An exception to this is where an agency or Minister is obliged to create a document under section 19.

1.40

An applicant can request access to documents containing their personal affairs information up to any time in the past.70 For documents containing information other than the applicant’s personal affairs information, a request can only seek access to documents dating as far back as:

  • 1 January 1989 if the agency is a local council;71 or
  • 5 July 1978 if the agency is not a local council.72

For more information, see section 67.

1.41

If an applicant requests future documents or historical documents that cannot be accessed under the Act, the agency or Minister should:

  • consider whether documents can be provided informally outside the Act; or
  • seek clarification from the applicant, with a view to assisting the applicant to meet the requirements of section 17(2).

Request for documents, not information

1.42

The right of access is to access a document, not information.76 A document is different from information. For example, an enquiry made to a water authority, requesting to know whether the authority entered into a water agreement on a particular property is a request for information, not a request for a document. Whereas a request for a water agreement on a specified property is a request for a document.

1.43

A request made for information and where no document exists in physical form in the agency, may require the agency to create a written document under section 19 containing the requested information.

1.44

If a request is phrased as a request for information, and it is not clear what documents are sought, the agency or Minister should:

  • consider whether the information can be provided informally outside the Act; or
  • seek clarification from the applicant about what documents they seek, with a view to assisting the applicant to meet the requirements of section 17(2).

Broad requests

1.45

The core requirement of section 17(2) is for the applicant to provide sufficient information to allow an agency or Minister to reasonably be able to identify the requested document. If a request is broad, but it is clear what documents the applicant wants to access, the breadth of the request does not make the request invalid under section 17.81

1.46

The time and resources required to identify documents falling within a broad request are not relevant to deciding whether a request is valid.82 However, these factors may be relevant for considering whether section 25A applies.

Multi-category requests

1.47

A request must be assessed as a whole. It cannot be broken up into multiple requests. This means that if a request contains multiple items or categories of documents, and one item or category of the request does not comply with section 17(2), the entire request is invalid.85

1.48

Any item or category that does not comply with section 17(2) can only be severed if the applicant agrees to sever the item and proceed with a request for the valid items only.86

Assisting an applicant and providing a reasonable opportunity to consult

1.49

An agency or Minister must assist an applicant to make a valid request or to assist an applicant to direct their request to the appropriate agency if the receiving agency or Minister is not the correct agency or Minister.90

1.50

Where a request does not provide sufficient information to enable the agency or Minister to identify the documents sought,91 an agency or Minister must give the applicant a reasonable opportunity to consult, to rectify the issue and make a valid request.92

1.51

The agency or Minister cannot refuse to comply with the request until it first provides the applicant with this opportunity to consult. It is expected that an agency will provide an applicant with a reasonable opportunity to consult, which may involve more than one opportunity to consult.

Directing an applicant to the appropriate agency or Minister

1.52

An agency or Minister must direct the applicant to the appropriate agency or Minister, in circumstances where the first agency or Minister is not the correct or most relevant agency or Minister.94

1.53

This duty may arise if an applicant requests multiple documents, and some documents are held by the agency and some documents are held by another agency. In this circumstance, an agency or Minister should tell the applicant as soon as practicable that some of the requested documents are held by a different agency and that the applicant should make a request to that agency or Minister for those documents. The agency or Minister should then ask for the applicant’s approval to sever the other agency’s or Minister’s documents from the request and continue processing it.

1.54

An agency or Minister may also be able to transfer an entire request to another agency or Minister if the requirements of section 18 are met.

Assisting an applicant and providing a reasonable opportunity to consult

1.55

If an agency receives a request that is not valid, Professional Standard 2.4 requires the agency to take reasonable steps to contact the applicant within 21 days of receiving the request to:

  • explain why the request is not valid;
  • provide reasonable assistance or advice to the applicant about how to make the request valid; and
  • ensure the applicant is aware that the agency may refuse to comply with the request100 if steps are not taken to make the request valid.
1.56

Reasonable assistance or advice from an agency may include:

  • discussing with an applicant what document they seek, to understand the subject matter, and to assist the applicant to articulate the terms of their request;101
  • identifying opportunities to help the applicant be sufficiently clear about the documents sought. For example, asking them about the relevant time period or business areas within the agency to search;
  • providing information, subject to statutory exceptions, on the nature and types of documents the agency holds and where the information the applicant seeks might be located;102
  • directing an applicant to an appropriate agency that holds the documents sought;
  • advising an applicant about the application fee and how it can be paid; or
  • discussing the evidence that the agency requires to show that payment of the application fee would cause the applicant hardship.
1.57

If a request contains multiple items or categories of documents, and one item or category of the request does not comply with section 17(2), an agency or Minister should provide the applicant with the option to sever the non-compliant part of the request. If the agency or Minister does not provide the applicant with this option, the agency or Minister will not have satisfied the requirements of sections 17(3) and 17(4).103

1.58

If consultation occurs by telephone, the agency or Minister should ask the applicant to confirm the wording of any amended request in writing. An amended verbal request does not meet the requirements of a valid request until it is made in writing.104

1.59

The consultation process can also be used as an opportunity to narrow or refine the scope of the request. For example, an agency or Minister may ask the applicant whether third party information such as names and telephone numbers can be excluded from the request. This could save time and resources when processing the request as this kind of information typically requires an agency or Minister to consult with third parties and may not be information to which the applicant seeks access.

Finalising an invalid request

1.60

After providing an applicant with the information required by Professional Standard 2.4, Professional Standard 2.5 requires an agency to wait at least 21 days for an applicant to:

  • rectify the identified issue and make a valid request; or
  • begin consulting with the agency to clarify or amend the request.
1.61

After 21 days, if the applicant has not rectified the issue or commenced consulting with the agency, the agency may choose to refuse to comply with the request and finalise it in accordance with their processes and procedures. Refusing to comply may mean treating the request as having lapsed or otherwise finalising the request without processing it.

1.62

The purpose of Professional Standard 2.5 is to provide guidance to agencies on when an application need not be further dealt with by an agency. It is not designed to limit the consultation time to 21 days in all situations. For example, if an applicant has begun to consult with an agency to clarify or amend a request, Professional Standard 2.5 does not require the applicant to complete the consultation, or provide all responses to the agency’s consultation within 21 days.

Effect of an invalid request

1.63

An applicant may apply to OVIC for a review of an agency’s or Minister’s decision not to waive or reduce an application fee, regardless of whether or not the applicant has paid the fee.108 However, a decision of an agency or Minister, or OVIC, about waiver or reduction of an application fee cannot be reviewed by VCAT or a court.109

1.64

VCAT may determine an application for review of an agency’s or Minister’s decision not to process a request because the request did not provide sufficient information about requested documents to enable the agency or Minister to identify the documents (as required by section 17(2)).110

Effect of a request becoming valid under the Act

1.65

The rights and liabilities of the applicant, agency and Minister are fixed at the date a valid request is made.113

1.66

The time for processing a request under section 21 starts the day after the request becomes valid under section 17.114

Day a request becomes valid

1.67

A request becomes valid under the Act on the day that all requirements in section 17 have been met. This may be:

  • the day the agency or Minister receives payment of the application fee;
  • the day the agency or Minister decides to waive the application fee;
  • the day the agency or Minister receives payment of the reduced application fee (as agreed by the agency or Minister); or
  • the day the applicant clarifies the request in a way that complies with section 17(2).116
1.68

A request becomes valid on the day the agency or Minister receives a validly made request, not the day an agency officer, such as the FOI officer, becomes aware of the validly made request.

Next steps when a request is valid

1.69

An agency or Minister should acknowledge receipt of a valid request, either verbally or in writing, and let the applicant know what to expect next.

1.70

It is good practice to notify the applicant in writing of the:

  • date the request became valid;
  • due date for notifying the applicant of a decision on the request;
  • terms of the request (this may be the wording of an original valid request or the wording of a clarified valid request);
  • possibility that the processing time may be extended by up to 15 days if third party consultation is required, or by 30 days by agreement with the applicant.
1.71

Acknowledging a request can also be a good opportunity to narrow the scope of the request. An agency or Minister may ask the applicant whether they seek access to duplicate documents or third party information such as names and telephone numbers. If the applicant advises that they do not seek this information, it could save time and resources when processing the request as the agency or Minister would not need to process duplicates and third-party consultation would not be required.

Requests for personal records

1.72

If an applicant seeks access to personal records, proof of identity should be requested to ensure the records are provided to the correct person.

1.73

Similarly, if an applicant requests personal records on behalf of someone else, an agency or Minister should ensure they have written authority to do so.

1.74

Failure to provide proof of identity or authority does not affect the validity of a request, but is a consideration when applying exemptions. In some cases, the authority can be proved by the relationship. For example, a lawyer can prove authority by stating on letterhead or in email that they represent the applicant.

1.75

Agencies and Ministers should be clear about whether a person seeks records on behalf of another person, or seeks records on their own behalf but has the consent of the person to whom the information is about to receive that person’s personal information.

Obligation to consider providing documents outside the Act

1.76

The Act does not prevent or discourage agencies or Ministers from publishing or giving access to documents (including exempt documents), under or outside the Act, where they can.118

1.77

Professional Standards 1.1 and 1.2 require an agency to actively consider whether the documents sought can properly be provided outside the Act.

1.78

When a request is initially received, an agency may consider:

  • whether a request for information (rather than a specific document) can be satisfied with a verbal or written response containing the requested information;
  • whether the requested document or information is publicly available (for example, online or in an annual report), available for purchase or a fee, or available for inspection at the Public Record Office Victoria. If so, advise the applicant they can access the document without making a request;
  • whether the document or information can be released informally. For example, the information may not be particularly sensitive, is a routine request, or is a document the agency has previously provided to the applicant;
  • whether the document relates to a current legal matter and is time sensitive. If so, the agency may consider suggesting the applicant use legal or court processes, such as a subpoena or summons to access the document.
1.79

The requirement to consider release outside the Act is an ongoing obligation on an agency. If it is not immediately clear whether a document can properly be provided outside the Act, an agency can return to this question whilst processing the request. For example, an agency may search and find 18 documents responding to a request and decide to immediately release 15 documents informally outside the Act and continue to process the remaining three documents under the Act.

For more information, see section 16 – Access to documents apart from Act.

More information

OVIC Practice Notes

Informal release of information

The Professional Standards

OVIC Templates

Template 1: Processing an FOI request checklist

Template 5: Freedom of information application form – request for documents – section 17

Template 8: Request is valid and being processed

Template 9: Request is not valid and action is required

  1. Freedom of Information Act 1982 (Vic), section 17(3).
  2. Freedom of Information Act 1982 (Vic), section 3(2).
  3. Freedom of Information Act 1982 (Vic), section 17(3).
  4. Freedom of Information Act 1982 (Vic), section 3(2).
  5. Apache Energy Pty Ltd and National Offshore Petroleum Safety and Environmental Management Authority and Lander & Rogers Lawyers [2012] AATA 296, [94]; cited in Moorabool Shire Council v Environment Protection Authority [2021] VCAT 1261, [32].
  6. ‘Person’ means an individual, a body politic or corporate: Interpretation of Legislation Act 1984 (Vic) section 38. A law firm that is a partnership can make a request if it is made on behalf of their client and the client is a ‘person’. The request is made by the client, not the law firm.
  7. Apache Energy Pty Ltd and National Offshore Petroleum Safety and Environmental Management Authority and Lander & Rogers Lawyers [2012] AATA 296, [94]; cited in Moorabool Shire Council v Environment Protection Authority [2021] VCAT 1261, [32].
  8. ‘Person’ means an individual, a body politic or corporate: Interpretation of Legislation Act 1984 (Vic) section 38. A law firm that is a partnership can make a request if it is made on behalf of their client and the client is a ‘person’. The request is made by the client, not the law firm.
  9. Freedom of Information Act 1982 (Vic), section 17(1).
  10. Freedom of Information Act 1982 (Vic), sections 17(1) and 17(3).
  11. The Office of the Victorian Information Commissioner has published an FOI application form which agencies and Ministers may use.
  12. Freedom of Information Act 1982 (Vic), section 17(1).
  13. Freedom of Information Act 1982 (Vic), sections 17(1) and 17(3).
  14. The Office of the Victorian Information Commissioner has published an FOI application form which agencies and Ministers may use.
  15. Freedom of Information Act 1982 (Vic), section 17(2B).
  16. Freedom of Information Act 1982 (Vic), section 17(2A).
  17. See section 7(3) of the Monetary Units Act 2004 (Vic).
  18. Freedom of Information Act 1982 (Vic), section 17(2B).
  19. Freedom of Information Act 1982 (Vic), section 17(2A).
  20. See section 7(3) of the Monetary Units Act 2004 (Vic).
  21. McKechnie v VCAT & Anor [2020] VSC 454, [16]; Gordon v Mornington Peninsula Shire Council [2005] VCAT 1710, [13].
  22. Freedom of Information Act 1982 (Vic), section 17(2B).
  23. Freedom of Information Act 1982 (Vic), section 49A(1)(c).
  24. McKechnie v VCAT & Anor [2020] VSC 454, [98].
  25. McKechnie v VCAT & Anor [2020] VSC 454, [16]; Gordon v Mornington Peninsula Shire Council [2005] VCAT 1710, [13].
  26. Freedom of Information Act 1982 (Vic), section 17(2B).
  27. Freedom of Information Act 1982 (Vic), section 49A(1)(c).
  28. McKechnie v VCAT & Anor [2020] VSC 454, [98].
  29. McKechnie v VCAT & Anor [2020] VSC 454, [98]. Freedom of Information Act 1982 (Vic), section 3(2).
  30. McKechnie v VCAT & A­nor [2020] VSC 454, [102].
  31. ‘BW5′ and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 216 (5 August 2020), [30].
  32. FG O’Brien Ltd v Elliott [1965] NSWR 1473, 1475.
  33. n the Marriage of Whitford (1979) 35 FLR 445, 452.
  34. ‘BW5′ and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 216 (5 August 2020), [31].
  35. ‘BW5′ and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 216 (5 August 2020), [32].
  36. McKechnie v VCAT & Anor [2020] VSC 454, [98]. Freedom of Information Act 1982 (Vic), section 3(2).
  37. McKechnie v VCAT & A­nor [2020] VSC 454, [102].
  38. ‘BW5′ and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 216 (5 August 2020), [30].
  39. FG O’Brien Ltd v Elliott [1965] NSWR 1473, 1475.
  40. n the Marriage of Whitford (1979) 35 FLR 445, 452.
  41. ‘BW5′ and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 216 (5 August 2020), [31].
  42. ‘BW5′ and Victorian Institute of Teaching (Freedom of Information) [2020] VICmr 216 (5 August 2020), [32].
  43. McKechnie v VCAT & Anor [2020] VSC 454, [105]. 
  44. Freedom of Information Act 1982 (Vic), section 17(3).
  45. McKechnie v VCAT & Anor [2020] VSC 454, [105]. 
  46. Freedom of Information Act 1982 (Vic), section 17(3).
  47. Freedom of Information Act 1982 (Vic), section 17(2).
  48. Freedom of Information Act 1982 (Vic), section 17(2).
  49. Chopra v Department of Education and Training (Review and Regulation) (No 2) [2020] VCAT 932, [64]. Borthwick v University of Melbourne (1985) 1 VAR 33, 34-36.
  50. Dr Chopra v Department of Education and Training (Review and Regulation) [2018] VCAT 808.
  51. MacDonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616, [40]-[60]. Victoria International Container Terminal Limited v Port of Melbourne Corporation (Review and Regulation) [2016] VCAT 337, [32]-[33].
  52. O’Brien v Department of Justice [2010] VCAT 1379, [23]-[24].
  53. Penhalluriack v Department of Labour and Industry (County Court of Victoria, Lazarus J, 19 December 1983) 54.
  54. Penhalluriack v Department of Labour and Industry (County Court of Victoria, Lazarus J, 19 December 1983) 25, 54.
  55. Zeqaj v Victoria Police [2010] VCAT 1132, [31].
  56. Zeqaj v Victoria Police [2010] VCAT 1132, [31].
  57. Proudfoot v Victoria University (Review and Regulation) [2019] VCAT 106, [48]-[50].
  58. Chopra v Department of Education and Training (Review and Regulation) (No 2) [2020] VCAT 932, [64]. Borthwick v University of Melbourne (1985) 1 VAR 33, 34-36.
  59. Dr Chopra v Department of Education and Training (Review and Regulation) [2018] VCAT 808.
  60. MacDonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616, [40]-[60]. Victoria International Container Terminal Limited v Port of Melbourne Corporation (Review and Regulation) [2016] VCAT 337, [32]-[33].
  61. O’Brien v Department of Justice [2010] VCAT 1379, [23]-[24].
  62. Penhalluriack v Department of Labour and Industry (County Court of Victoria, Lazarus J, 19 December 1983) 54.
  63. Penhalluriack v Department of Labour and Industry (County Court of Victoria, Lazarus J, 19 December 1983) 25, 54.
  64. Zeqaj v Victoria Police [2010] VCAT 1132, [31].
  65. Zeqaj v Victoria Police [2010] VCAT 1132, [31].
  66. Proudfoot v Victoria University (Review and Regulation) [2019] VCAT 106, [48]-[50].
  67. Freedom of Information Act 1982 (Vic), section 67(1).
  68. Freedom of Information Act 1982 (Vic), section 67(4).
  69. Freedom of Information Act 1982 (Vic), section 67(2).
  70. Freedom of Information Act 1982 (Vic), section 67(1).
  71. Freedom of Information Act 1982 (Vic), section 67(4).
  72. Freedom of Information Act 1982 (Vic), section 67(2).
  73. Schorel v Community Services Victoria (Administrative Appeals Tribunal (Victoria), Dimtscheff DP, 10 October 1989).
  74. McIntosh v Victoria Police [2009] VCAT 1923, [43].
  75. Wooldridge v Department of Human Services [2009] VCAT 1900.
  76. Schorel v Community Services Victoria (Administrative Appeals Tribunal (Victoria), Dimtscheff DP, 10 October 1989).
  77. McIntosh v Victoria Police [2009] VCAT 1923, [43].
  78. Wooldridge v Department of Human Services [2009] VCAT 1900.
  79. Penhalluriack v Department of Labour and Industry (County Court of Victoria, Lazarus J, 19 December 1983).
  80. McIntosh v Department of Justice [2009] VCAT 92, [46]; Luck v Victoria Police FOI Division [2012] VCAT 1617, [29].
  81. Penhalluriack v Department of Labour and Industry (County Court of Victoria, Lazarus J, 19 December 1983).
  82. McIntosh v Department of Justice [2009] VCAT 92, [46]; Luck v Victoria Police FOI Division [2012] VCAT 1617, [29].
  83. Chopra v Department of Education and Training [2019] VSCA 298; MacDonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616, [132]-[198].
  84. Chopra v Department of Education and Training (Review and Regulation) (No 2) [2020] VCAT 932.
  85. Chopra v Department of Education and Training [2019] VSCA 298; MacDonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616, [132]-[198].
  86. Chopra v Department of Education and Training (Review and Regulation) (No 2) [2020] VCAT 932.
  87. ]Freedom of Information Act 1982 (Vic), section 17(3).
  88. Under section 17(2), a request must provide sufficient information as is reasonably necessary to enable the agency or Minister to identify the requested document.
  89. Freedom of Information Act 1982 (Vic), section 17(4).
  90. ]Freedom of Information Act 1982 (Vic), section 17(3).
  91. Under section 17(2), a request must provide sufficient information as is reasonably necessary to enable the agency or Minister to identify the requested document.
  92. Freedom of Information Act 1982 (Vic), section 17(4).
  93. Freedom of Information Act 1982 (Vic), section 17(3).
  94. Freedom of Information Act 1982 (Vic), section 17(3).
  95. ‘Refuse to comply’ reflects the language of section 17(4). An agency may consider this to mean the request has lapsed or is otherwise finalised without being processed.
  96. Borthwick v University of Melbourne (1985) 1 VAR 33.
  97. Borthwick v University of Melbourne (1985) 1 VAR 33.
  98. Chopra v Department of Education and Training [2019] VSCA 298, [116].
  99. Freedom of Information Act 1982 (Vic), section 17(1).
  100. ‘Refuse to comply’ reflects the language of section 17(4). An agency may consider this to mean the request has lapsed or is otherwise finalised without being processed.
  101. Borthwick v University of Melbourne (1985) 1 VAR 33.
  102. Borthwick v University of Melbourne (1985) 1 VAR 33.
  103. Chopra v Department of Education and Training [2019] VSCA 298, [116].
  104. Freedom of Information Act 1982 (Vic), section 17(1).
  105. Freedom of Information Act 1982 (Vic), section 49A(1)(c).
  106. McKechnie v VCAT & Anor [2020] VSC 454.
  107. Chopra v Victorian Institute of Teaching (Review and Regulation) [2023] VCAT 903 (4 August 2023).
  108. Freedom of Information Act 1982 (Vic), section 49A(1)(c).
  109. McKechnie v VCAT & Anor [2020] VSC 454.
  110. Chopra v Victorian Institute of Teaching (Review and Regulation) [2023] VCAT 903 (4 August 2023).
  111. Baird v VicRoads [2000] VCAT 207, [18], [20].
  112. Freedom of Information Act 1982 (Vic) section 21; Smeaton v Victorian Workcover Authority [2012] VCAT 435; Boyd v Victoria Police [2017] VCAT 2021, [13]-[14].
  113. Baird v VicRoads [2000] VCAT 207, [18], [20].
  114. Freedom of Information Act 1982 (Vic) section 21; Smeaton v Victorian Workcover Authority [2012] VCAT 435; Boyd v Victoria Police [2017] VCAT 2021, [13]-[14].
  115. MacDonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616, [28].
  116. MacDonnell v State Sport Centres Trust (Review and Regulation) [2018] VCAT 1616, [28].
  117. Freedom of Information Act 1982 (Vic), section 16.
  118. Freedom of Information Act 1982 (Vic), section 16.

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Last updated 23 October 2024

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