Section 49I - Agency or Minister must assist Information Commissioner
Extract of legislation
Relevant FOI Professional Standards
| Professional Standard 10.1
|
An agency must assist the Information Commissioner or Public Access Deputy Commissioner in their attempt to informally resolve a review or complaint. |
| Professional Standard 10.2
|
An agency must give consideration to a preliminary view issued by, or on behalf of, the Information Commissioner or Public Access Deputy Commissioner during a review. |
| Professional Standard 10.3
|
An agency must respond to a request for documents and information by, or on behalf of, the Information Commissioner or Public Access Deputy Commissioner within requested or agreed timeframes. |
| Professional Standard 10.4
|
When providing documents subject to review by the Information Commissioner or Public Access Deputy Commissioner, an agency must markup documents clearly and legibly to indicate exempt matter and the applicable exemption or exemptions.
Note: section 5 of the Act defines ‘exempt matter’ to mean matter the inclusion of which in a document causes the document to be an exempt document. |
1.1
1.2
Ways that agencies and Ministers can help OVIC with a review include:
- respond to inquiries promptly and within agreed timeframes (this helps OVIC to determine if the matter can be resolved informally, assist in narrowing the matters in dispute, and/or inform the Commissioners’ decision);9
- actively participate in the informal resolution process (such as suggesting alternative ways a matter may be resolved);10
- consider a preliminary view from OVIC;11
- avoid taking an overly technical or adversarial approach to the review process;
- provide requested materials as soon as practicable, and in the preferred format;12
- avoid introducing new issues or claiming new exemptions, unless there is good reason (such as if the circumstances have changed or there is new information that was not previously available). Any new issues or claims should be supported by detailed reasons. Where an agency or Minister applies new exemptions, OVIC will tell the applicant and give them an opportunity to respond.
1.3
Where a Commissioner provides a preliminary view during a review, an agency or Minister should:
- consider the reasons provided and any previous decisions referred to;
- consider whether to release additional information to the applicant or whether to make a fresh decision;
- consult with OVIC on any questions about the preliminary view; and
- if the agency or Minister disagrees with the preliminary view, provide more information to support the position.
More information
For more information on how OVIC handles reviews, see section 49H – Procedure on review.
- Section 6I sets out the functions of the Information Commissioner and the Public Access Deputy Commissioner; both are responsible for handling FOI reviews. In this section, the FOI Guidelines collectively refer to the Information Commissioner, the Public Access Deputy Commissioner, and OVIC staff as ‘OVIC’ unless otherwise stated.
- Freedom of Information Act 1982 (Vic), section 49I.
- Professional Standard 10.3 (the Professional Standards apply to agencies only, not to Ministers).
- Under Professional Standard 10.1 agencies must assist the Commissioner to try to informally resolve a review. This can include an agency’s own suggestions for how it considers the matter may be resolved.
- Under Professional Standard 10.2, agencies must give consideration to a preliminary view from OVIC during a review.
- Under Professional Standard 10.3, agencies must respond to requests for documents within requested or agreed timeframes.
- Section 6I sets out the functions of the Information Commissioner and the Public Access Deputy Commissioner; both are responsible for handling FOI reviews. In this section, the FOI Guidelines collectively refer to the Information Commissioner, the Public Access Deputy Commissioner, and OVIC staff as ‘OVIC’ unless otherwise stated.
- Freedom of Information Act 1982 (Vic), section 49I.
- Professional Standard 10.3 (the Professional Standards apply to agencies only, not to Ministers).
- Under Professional Standard 10.1 agencies must assist the Commissioner to try to informally resolve a review. This can include an agency’s own suggestions for how it considers the matter may be resolved.
- Under Professional Standard 10.2, agencies must give consideration to a preliminary view from OVIC during a review.
- Under Professional Standard 10.3, agencies must respond to requests for documents within requested or agreed timeframes.
