Practice notes
These practice notes provide guidance on how to facilitate access to information under the Freedom of Information Act 1982 (FOI Act) and the Professional Standards.
The are complemented by customisable templates that agencies can use when corresponding with applicants, third parties, and internal staff.
AGENCY STAFF ROLES IN PROVIDING ACCESS TO INFORMATION
These practice notes cover an overview of the FOI Act and VPS responsibilities, Principal Officer responsibilities and obligations
Overview of the FOI Act and the responsibilities of Victorian public sector officers
Principal officer responsibilities and obligations under the FOI Act
PROACTIVE AND INFORMAL RELEASE
These practice notes cover informal and proactive release generally, and also provide sector specific guidance
Practice note 2 – Proactive release of information
Informal release of information
Release of health records held by Victorian public sector agencies
EARLY CONSIDERATIONS
These practice notes cover early considerations including information on the Professional Standards and routine requests
Practice note 1 – The Professional Standards
Practice note 7 – Routine requests for information
PROCESSING A VALID REQUEST
These practice notes cover valid requests, amendment of personal records, irrelevant and exempt information, what is a document, conducting a document search, voluminous requests, obviously exempt document requests, third party consultation and access charges
Practice note 3 – Receiving an access request – valid requests and early considerations
Practice note 4 – Processing a request for an amendment of personal records
Practice note 5 – Irrelevant and exempt information under section 25
Practice note 8 – Timeframes and extensions of time when process an access request
Practice note 9 – What is a document and what is actual or constructive possession?
Practice note 11 – Estimating and calculating access charges
Practice note 12 – Practicability and third-party consultation and notification
Practice note 13 – Substantial and unreasonable requests – section 25A(1)
Practice note 14 – Requests for documents that are obviously exempt – section 25A(5)
Practice note 22 – When an access charges certificate may be issued to refer a matter to VCAT
MAKING AN FOI DECISION
These practice notes cover drafting an FOI decision letter, noting and briefing processes on FOI decisions and section 125 of the Local Government Act 2020
Practice note 15 – Drafting a freedom of information decision letter
Practice note 23 – Noting and briefing processes on freedom of information decisions
FOI and section 125 of the Local Government Act 2020
WORKING WITH OVIC
These practice notes cover assisting the FOI complaints and review processes
Practice note 16 – How to assist the freedom of information complaints process
How to assist the freedom of information review process
FOI Exemptions
Section 28 – Cabinet documents or information
Section 30 – Opinion, advice, recommendation, consultation or deliberation
Section 31(1)(a) – Prejudice the investigation of a breach of the law
Section 31(1)(a) – Prejudice the enforcement or proper administration of the law
Section 31(1)(b) – Prejudice the fair trial of a person or the impartial adjudication of a case
Section 31(1)(c) – Confidential source of information in relation to administration of the law
Section 31(1)(d) – Methods for preventing, detecting, investigating breaches of the law
Section 31(1)(e) – Endanger the life or physical safety of confidential source of information
Section 32 – Document or information subject to legal professional privilege
Section 33 – Unreasonable disclosure of personal affairs information
Section 34(1)(a) – Trade secrets of an undertaking
Section 34(1)(b) – Business, commercial or financial information of an undertaking
Section 34(4)(a)(i) – Trade secret of an agency
Section 34(4)(a)(ii) – Business, commercial or financial information of an agency
Section 35(1)(a) – Exempt information communicated in confidence
Section 35(1)(b) – Disclosure would impair ability to obtain information in future
Section 38 – A secrecy provision prohibits disclosure of the information