Find and request access to information
There are a couple of ways you can access information held by Victorian public sector agencies and Ministers in Victoria.
Agencies and Ministers publish a lot of information on their websites or provide access to their information in other ways, without you needing to make a freedom of information (FOI) request.
If you can’t find what you’re looking for, in Victoria, you have the right to request access to documents held by agencies and Ministers under the Freedom of Information Act 1982 (Vic) (FOI Act).
This page explains how to find and request government information. This includes how to make an FOI request if you can’t access the information another way.
Step 1 – Check if the information can be accessed without making an FOI request
Agencies and Ministers are encouraged to provide access to their information where possible without you needing to make an FOI request. This is called proactive and informal release.
Read about checking whether the information you want to access is publicly available or can be accessed without making an FOI request, and common types of information you can access this way.
How do I find out if I can access the information I need without making an FOI request?
Agencies and Ministers publish a lot of information on their websites or provide access to their information in other ways, without you needing to make an FOI request.
Before you make an FOI request:
- go online to see if the information you need is on the agency or Minister’s website; and/or
- contact the agency or Minister directly, to see if you can access the information another way.
For example, the agency or Minister may have an informal release scheme you can apply through.
You can find the contact information of agencies and Ministers here.
What is ‘proactive release’?
Proactive release is where an agency or Minister makes its information publicly available without being asked for it.
An agency or Minister may proactively release information in several ways. Some examples include:
- information published on agency’s or Minister’s website (such as reports, how to access services, guidance);
- data published on vic.gov.au;
- information about consultation opportunities in the Victorian government, on vic.gov.au;
- tender, contractual and financial information published on Buying for Victoria; and
- information published online in public registers.
What is ‘informal release’?
Informal release is where you ask an agency or Minister for information and they give you that information without you needing to make a FOI request. This is also known as administrative release.
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 informally by:
- providing you with information over the telephone or via email in response to an FOI request;
Example, you make an FOI request and the agency decides the requested information can be released to you without formally processing the request. With your agreement, the agency may release the information to you via telephone or email.
- providing you with information you requested via telephone or email without requiring you to submit an FOI request;
For example, you email an agency asking for information on when it will close public consultation on a proposed infrastructure project and what the next steps are, and 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 provides information about how to inspect information on the register, including whether you need to fill out an application form and whether a fee applies. The agency facilitates the inspection.
- providing access to information under an informal release scheme. Some agencies have informal release schemes for accessing commonly requested information. The agency usually provides information about how to access information under the scheme on its website. In some cases, a charge may apply to access information or a document.
For example, you can access:
If you can’t access information proactively or informally, 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 an existing document, or is an answer to a question. An FOI request must be for information contained in documents held by an agency or Minister.
- 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 the document can be accessed without making an FOI request?
The document may be publicly available on an agency or Minister’s website or available for purchase. Alternatively, the agency or Minister may have a different process to allow you to obtain the document informally without needing to make an FOI request.
- Why do you want access to the document or information?
Consider telling the agency or Minister why you are seeking access to the document or information, or if you plan to use the document or information for a specific purpose. This may assist the agency or Minister to consider whether it can informally release the document or information to you without the need for an FOI request.
What is a valid request?
An FOI request must meet three requirements to be valid:
- your request must be in writing;
- you must provide enough information about the documents you are requesting so the agency or Minister can identify and locate the documents; and
- you must either:
- pay the application fee; or
- request the agency or Minister to waive or reduce the application fee if paying it would cause you hardship. A request is not valid until the agency or Minister waives the application fee or you pay the reduced fee.
How can I make sure my request is clear?
When making your request, you should be specific about what documents you are seeking 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 that an agency made 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 John Smith’s email account, or a specific business or work unit in an agency); and
- 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; or
- personal information (such as name and contact details) of other people or commercial information about a business.
Excluding documents or information may help the agency or Minister to process your request more quickly.
If your request is not clear enough, the agency or Minister will contact you and 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 the agency or Minister your request by email (agencies must provide an option to make a request by email);
- send the agency or Minister a letter with your request;
- apply online using the online portal (only certain agencies are on here, so check to see if the agency you would like to send your request to is listed first).
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 which option to use, 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 personal information or personal records, you should provide proof of your identity, such as 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.
Is there a fee for making an FOI request?
Yes. The current application fee is $32.70.
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, either by contacting the agency or Minister, 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. This could be a concession or health care card, a bank statement, or statutory declaration outlining why payment would cause you hardship.
Are there any other costs?
You may have to pay charges before being provided with 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; and/or
- the cost of supervising an inspection of the documents.
If the charges are more than $50.00, the agency or Minister will contact you and ask for 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 above requirements and is a valid request.
If the request is not valid
If the agency or Minister thinks your request is not valid, it will contact you within 21 days and let you know why it is not valid.
You will have 21 days to make your request valid. The agency or Minister will try to help you to make a valid request.
It is important that you try and work with the agency or Minister to make your request valid 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 is valid
If your request is valid, the agency or Minister will begin processing it.
An agency or Minister may send you a letter acknowledging receipt of your request. They don’t have to though.
Read Step 3 for information about what happens next, including how long an agency or Minister has to process your request, what it means if an agency or Minister exempts information, and what you can do if you don’t agree with the decision.
Step 3 – The agency or Minister processes your FOI request and provides you with a decision
Learn about how long an agency or Minister has to process your request, and what happens when 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 from the date you make a valid request to provide you with a decision.
The timeframe will depend on whether or not the agency or Minister needs more time to consult with third parties whose information may be contained in the documents you requested.
The timeframe can be extended 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 there are delays in receiving FOI decisions.
If you’re still waiting to receive the decision from the agency or Minister and the deadline has passed, contact the agency or Minister and ask them for an update. There can be a number of reasons why the request is delayed. The agency or Minister can discuss these with you.
You can also contact us to provide you with further guidance or assistance and what options you have. 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 the agency or Minister has decided to release all, some, or none of the documents you requested;
- which exemptions (if any) apply to the information or documents; and
- tell you what you can do next.
What does it mean if a document is exempt or contains exempt information?
There are a number of exemptions in the FOI Act. If a document you requested is exempt, or contains exempt information, the agency or Minister doesn’t have to give it to you.
Sometimes more than one exemption may apply.
If a document contains exempt information, the agency or Minister may be able to edit the document to remove the exempt information. They can do this if it is practicable, and you agree to accept an edited copy of the document.
Whether a document or information is exempt will always depend on the particular facts and circumstances of the matter.
A summary of each exemption is provided below with an example of a document or information that may be exempt.
Personal affairs information of other people
Personal affairs information is any information or opinion about a person who can be identified, or whose identify can be reasonably determined. Personal information is exempt where it would unreasonably disclose information about a person, including a deceased person.
Examples
- The medical history of an individual who has not consented to you accessing their medical records.
- A report relating to an incident concerning a student at a school, where you do not have consent from the student or their parents/guardians to access the document.
Opinion, advice, recommendation, consultation or deliberation
In their daily work, agency officers communicate with each other 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.
‘Public interest’ involves looking at whether it is necessary to protect an important broader interest or purpose that would be impaired or hindered if the information was disclosed.
Examples
- Internal correspondence between agency officers deliberating on the next steps in relation to management of a sensitive workplace dispute.
- The opinions or notes recorded by an interviewer during a recruitment or interview process.
Information provided in confidence
Agencies receive confidential information in relation to their role and functions from external sources for a range of reasons.
Information communicated to an agency in confidence will be exempt if its disclosure would be likely to impair the ability of the agency to obtain similar information in the future.
Examples
A voluntary statement provided by a victim, witness, or accused person during the course of an investigation.
A complaint made by a person to their 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
When a government agency and a commercial business engage in a business transaction, commercial information of the business can be provided to the agency.
The commercial, financial or business information of a business will be exempt if its disclosure would be likely to expose the business to an unreasonable disadvantage.
Examples
- The commercial, business or financial information provided to a government agency by a business as part of a request for tender to build government funded infrastructure, where the business is an unsuccessful tenderer.
- Information that would disclose a business’s trade secrets, such as its intellectual property or specific commercial or business strategies that, if disclosed, would provide its competitors with an unfair advantage or undermine the business’s market position.
An agency’s commercial, financial or business information
Certain agencies are engaged in trade or commerce as a result of their commercial functions. Information that is of a business, commercial or financial nature is exempt if providing access would be likely to expose the agency to an unreasonable disadvantage.
Examples
- An agency may be engaged in trade in commerce where its commercial, rather than governmental, functions are described in its enabling legislation.
- Where an agency can demonstrate it is competing with other Australian states to provide a particular service, and that disclosure would unreasonably disadvantage Victoria’s ability to complete for that business.
Legally privileged information
Agencies communicate with their lawyers for a range of reasons including obtaining legal advice on general matters, or advice in relation to current or anticipated legal proceedings. This information is subject to legal professional privilege or client legal privilege and is exempt from disclosure.
Examples
- Correspondence between an agency’s legal officer and a business unit of the agency that requests or provides 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
Information is generated by agencies when undertaking investigations into breaches of the law, enforcing the law, and administering the law. This information is exempt if its disclosure would prejudice an agency’s investigation or prejudice the enforcement or proper administration of the law.
Examples
- Reports or briefs relating to an ongoing investigation where the premature disclosure of documents could prejudice the outcome of the investigation.
- Information detailing how a particular type of investigation is conducted where the disclosure of the information could impact on or undermine the effectiveness of that type of investigation.
Prejudice the trial of a person or adjudication of a case
Agencies gather and create information that can relate to or be used in criminal, civil or administrative court cases and proceedings. This information is exempt from disclosure if it 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
- Documents detailing covert methods and procedures used by police when conducting criminal investigations.
- Documents detailing 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
- Documents containing information that, if disclosed, could endanger the lives and safety of law enforcement officers like police officers or child protection workers.
- Information in documents that could reveal the identity or location of a person subject to lawful protection, if disclosed.
Cabinet deliberations or decisions
Certain information relating to the decisions or deliberations of Cabinet are exempt from disclosure. This includes official records of any deliberation or decision, documents prepared for submission to Cabinet, and ministerial briefings on issues to be considered by the Cabinet.
Examples
- A Cabinet briefing document that was created for the purpose of being considered by 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. There will be a penalty or fine if this information is disclosed without authorisation or permission. Where a secrecy provision prohibits disclosure of information, the information is exempt under the FOI Act.
Examples
- Documents relating to management and security of prisons and prisoners – Corrections Act 1986.
- Documents concerning involvement of 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 disclosure would prejudice relations between the Commonwealth, states or territories, or would divulge confidential information.
Examples
- A document that discloses preliminary policy advice provided by the Commonwealth to the State, where disclosure would prejudice ongoing relations and the State’s position.
- A document that discloses information communicated in confidence from one State, Territory or Commonwealth officer to another.
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. Such information is exempt from disclosure if it could damage the security, defence or international relations of the Commonwealth, or a State or Territory.
Examples
- Documents containing information about the security of the Commonwealth.
- Documents containing information relating to confidential international relations.
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 a judicial or quasi-judicial function of a court.
Information likely to adversely affect the economy or certain agency operations
Certain information can have an adverse effect on the economy of Victoria if prematurely disclosed. Certain information can also provide instructions to assist an agency in its negotiations, execute a contract, or litigation in relation to property and personnel management. 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?
You should contact the agency or Minister who made the decision if you do not understand the decision or have questions about it.
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
Read about what you can do if you are unhappy with the agency or Minister’s decision or how it processed your FOI request.
What can I do if I’m unhappy with the agency or Minister’s decision?
If the agency or Minister decides to refuse access to information in documents you requested, you can apply to us for an independent review of the decision.
You can find information about FOI reviews and how to apply for one here.
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 complain to us.
You can find more information about the FOI complaints process and how to make a complaint here.
