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Caretaker period and FOI

The caretaker period commences at 6.00 pm on Tuesday, 30 October 2018 and continues until either it becomes clear the government has been returned, or the time when a new government is commissioned. During this time the Guidelines on the Caretaker Conventions may apply to Freedom of Information (FOI) applications. The Guidelines can be found here: https://www.dpc.vic.gov.au/index.php/policies/caretaker-conventions-2018. In this time:

  • Any briefs to Ministers about significant FOI decisions can continue to be sent to Ministers’ offices to be noted.
  • Cabinet in Confidence material required for ongoing FOI applications can be retained while needed to process an FOI application as long as the following requirements are met:
    • Where Cabinet in Confidence material is retained, the relevant departmental Cabinet or Executive Services team must provide a list of the relevant documents retained for this purpose to the Cabinet Office, by 5 November 2018.
    • Departments and agencies must ensure that all Cabinet in Confidence material is kept in a secure place with authorised access for the purposes of the FOI application only.
    • Once the FOI application is complete and the Cabinet in Confidence material is no longer required, the department Cabinet or Executive Services team (on behalf of the agency) must transfer the material to the Cabinet Office if it is of a permanent nature, or destroy the material if it is of a temporary nature.

Departmental and agency staff can contact their departmental Cabinet or Executive Services team for further advice and guidance. Queries about the caretaker period and the Guidelines on the Caretaker Conventions can also be directed to the Office of the General Counsel, Department of Premier and Cabinet by emailing caretaker@dpc.vic.gov.auor calling 03 9651 5514.

 

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