Consultation on draft FOI Guidelines

OVIC is developing guidelines to the Freedom of Information Act 1982 (Vic) (the FOI Act) (FOI Guidelines) to provide guidance to agencies and members of the public on how to interpret and apply the FOI Act.

We are consulting on draft content in stages.

Review draft content and share your views to help make the FOI Guidelines clear and useful.

Have your say

Part VI, Division 3 – Review by the Tribunal

We have published Part VI, Division 3 – Review by the Tribunal. This part relates to reviews by the Victorian Civil and Administrative Tribunal (VCAT). This includes when you can apply to VCAT for a review, what kind of powers VCAT has on review, and parties to a VCAT review.

Please provide your feedback by Friday 6 October 2023.

Where are we up to?

What should I consider when providing feedback on draft FOI Guidelines?

When providing feedback on draft FOI Guidelines please consider the following questions:

1. Are the draft FOI Guidelines useful and practical? If not, what would make them more useful and practical?
2. Is the language clear and understandable?
3. Is anything missing? For example, relevant case law or a step in applying an exemption.
4. Is more detail required? Is less detail required?

How can I provide my feedback to OVIC?

To provide feedback on draft FOI Guidelines:

1. Download a Word copy of the draft Part and use tracked changes to mark-up suggestions and leave comments; or
2. Download the feedback form and insert your suggestions into the table provided; or
3. Send us an email or letter with your feedback (you do not need to use the feedback form).

What will the FOI Guidelines look like?

The FOI Guidelines will include guidance for each section of the FOI Act and will include (where relevant):

• OVIC guidance;
• FOI Professional Standards;
• OVIC review decisions;
• case law; and
• examples.

For public consultation on draft content, each Part of the Act (for example, Part I, Part IA) will be published as a separate document.

However, for the final FOI Guidelines, OVIC will publish each section of the Act (for example, section 3) separately, as its own webpage and document.

Structure of each section

Each section includes:

• the section replicated in full; and
• OVIC guidance which may include an example, an OVIC decision, relevant FOI Professional Standards, case law, and/or links for further reading.

Finalising the FOI Guidelines

When the FOI Guidelines are finalised, we will publish final content in stages.

After public consultation on each draft Part of the FOI Guidelines, we will:

• consider feedback;
• finalise the Part; and
• publish it on our website.

Contact us

Email

policyteam@ovic.vic.gov.au

Mail

FOI Guidelines

Office of the Victorian Information Commissioner

PO Box 24274

Melbourne VIC 3001

Collection of personal information

You are not required to provide any personal information to provide feedback on draft FOI Guidelines.

Where you choose to provide personal information, OVIC may use it to provide you consolidated feedback on the feedback we receive or seek clarification on your feedback. If you choose to provide personal information, we ask that you do not include this information anywhere other than the designated fields on the feedback form.

If you choose to make your submission by email, we may be able to identify you from your email address. If you prefer to remain anonymous, you can post your submission to OVIC.

OVIC will not disclose your personal information without your consent, except where required to do so by law. You may contact OVIC to request access to any personal information you have provided to us by emailing enquiries@ovic.vic.gov.au.

For further information on how OVIC handles personal information, please read our privacy policy.