A valid request must be:

• in writing - not verbal;
• accompanied by an application fee of 2 fee units, which, since 1 July 2011, is $24.40 (unless waived or reduced because of hardship);
• sufficiently clear to enable the agency to conduct a thorough and constructive search for the documents sought.

There is an obligation on FOI Officers to assist an applicant to lodge a valid request. Reasonable assistance ought to be provided to enable an applicant, acting reasonably, to make a valid request.

 ¹ Note: references in this Practice Note to sections are references to sections of the Freedom of Information Act 1982 (Vic) ('FOI Act') unless otherwise stated.

An application fee must accompany a request for access (unless waived or reduced on hardship grounds) for it to be valid. 

Access charges cannot be imposed or must be waived in some particular circumstances (eg routine requests). 

Access charges are otherwise payable for search time, inspection, and copies or other forms of access. 

Special rules apply for some individuals or circumstances (e.g. impecunious applicants seeking documents containing information about their personal affairs). 

Estimate access charges as soon as possible after receiving a valid request. 

A deposit must be sought from an applicant if estimated access charges exceed $50.00. 

Apply access charges consistently between applicants, subject to certain exceptions.

¹Note: references in this Practice Note to sections are references to sections of the Freedom of Information Act 1982 (Vic) ("FOI Act") unless otherwise stated. In this Practice Note, a reference to an agency includes a reference to a Minister (or decision maker acting on the Minister's behalf) .

 Material irrelevant to a request for access must be deleted if:

• it is reasonably regarded as irrelevant to the request;
• it is practicable to edit a copy document to delete the irrelevant material;
• the terms of the request itself or the applicant subsequently indicates a wish to receive such edited documents.

Any decision to delete irrelevant material must be notified to the applicant in a statement of reasons.

Take an overall view of the request and the context in which it is made when determining whether the material would reasonably be regarded as irrelevant to the request.

¹Note: references in this Practice Note to sections are references to sections of the Freedom of Information Act 1982 (Vic) ("FOI Act") unless otherwise stated.

Multiple requests arise where a number of applications for access are made by or on behalf of a person at the same or within a short period of time (e.g. within 2-3 weeks).

If there is sufficient commonality between the requests, they can be considered as a single request to determine whether it is a "voluminous" request under section 25A(1).

Each request should otherwise be treated individually, in the usual way.

If it is not reasonably possible to notify a decision to the applicant on each request within 45 days, subject to the FOI Act, take practical steps to consult with the applicant about priority of requests and to possibly reduce their scope.

¹Note: references in this Practice Note to sections are references to sections of the Freedom of Information Act 1982 (Vic) ("FOI Act") unless otherwise stated.

An applicant's right of access to documents of an agency is determined by whether documents are in the possession of an agency.

A document is in the possession of an agency if it is in the actual physical possession of an agency.

Possession also arises if the document is in the "constructive" possession of the agency. (Constructive possession exists where the agency has a right and power to deal with or control the documents.)

Whether constructive possession exists depends on each case.

¹Note: references in this Practice Note to sections are references to sections of the Freedom of Information Act 1982 (Vic) ("FOI Act") unless otherwise stated. 

A "voluminous" request is one where the processing of the request would substantially and unreasonably divert the agency's resources from its other operations.

A decision to refuse access on this basis cannot be made unless a written notice is given to the applicant inviting consultation to narrow the request, giving a reasonable opportunity to consult and explaining how the request is "voluminous".

Whether a request is a "voluminous" one depends on the facts of each case and cannot be arbitrarily determined.

The resources to be considered are the existing resources of the agency reasonably required to process the request consistent with attendance to other priorities.

¹Note: references in this Practice Note to sections are references to sections of the Freedom of Information Act 1982 (Vic) ("FOI Act") unless otherwise stated.

Agencies have a duty to reasonably assist applicants to lodge valid requests for access and to direct requests to the correct agency (if not your agency).

When a valid request for access is received, acknowledge the date of receipt to avoid uncertainty as to when the processing period commences.

Before processing a valid request, be sure to estimate any access charges (and possibly deposit) that may be payable.

Conduct a thorough and diligent search to identify all relevant documents falling within a request for access.

¹Note: references in this Practice Note to sections are references to sections of the Freedom of Information Act 1982 (Vic) ("FOI Act") unless otherwise stated.

A notice of decision and statement of reasons for decision must be provided to an applicant where access is refused (wholly or partly), access is deferred, or the document sought does not exist or cannot be found.

Access to documents which are not exempt can be deferred in certain circumstances.

There should be a rational connection between the findings of fact and the decision made, e.g. a discussion as to what criteria have to be met to establish an exemption and how they have been met by the facts found.

Some decisions have special requirements of which you need to be aware.

A notice of decision to the effect that no documents exist or that they cannot be found should provide the applicant with some indication of the nature of the inquiries made.

¹Note: references in this Practice Note to sections are references to sections of the Freedom of Information Act 1982 (Vic) ("FOI Act") unless otherwise stated.

• Thorough and diligent search is required
• Explain to the applicant the steps taken to locate documents
• Inform applicant of right to complain to Ombudsman

• Maximum of 45 calendar days to notify applicant of FOI decision
• Rights available to applicant if agency fails to comply with timeframe

Original decision maker is required to inform applicant of their right to internal review of an agency’s original FOI access decision, where applicable.

When an applicant exercises their right to seek internal review, authorised officer conducts review, making a fresh decision.

Internal review decision maker is required to inform applicant of their right to seek review of the internal review decision at the VCAT, where applicable.

Any person’s name, address or other information by which they may be identified is information relating to their personal affairs.
In making a decision under s.33, the principles in the cases about “unreasonable disclosure” are relevant.

Maintain comprehensive FOI files
Comply with requirements of Public Records Act 1973
Collect accurate data for the FOI Annual Report to Parliament