Return to normal view

Practice Note 4: Multiple Requests for Access

1. What is a multiple request?
2. How should multiple requests be treated?
3. How do I treat multiple requests which do not have sufficient commonality?

  

1. What is a multiple request?

For the purposes of this Practice Note where a number of requests for access to documents are made by or on behalf of one person at the same time or within a short period of time (e.g. within 2 to 3 weeks) they are defined as 'multiple requests'.

Sometimes agencies receive a number of requests for access to documents from a single person such as a journalist or a member of the Victorian Parliament. The requests can sometimes be for different types of documents about the same general subject matter, or similar types of documents about different, unrelated subject matters. Sometimes the only thing multiple requests have in common is that they are from or on behalf of the same applicant.

Back to top

2. How should multiple requests be treated?

Ordinarily, each request is to be looked at separately for the purposes of applying the Freedom of Information Act 1982 (FOI Act) and processing in accordance with the FOI Act. This includes where a number of requests are made to an agency by separate and unrelated persons albeit on or about the same time for access to a range of documents that might relate to the one general topic.

Voluminous "requests"

However, there will be instances where the circumstances are such that multiple requests may in whole or in part be dealt with together. In particular, the Supreme Court of Victoria² has recognised that multiple requests may, in certain circumstances, properly be characterised effectively as a single request in order to determine whether that "single" request is a voluminous request under section 25A(1)³ . That is, that processing that "single" request (ie the multiple requests or part of them) would substantially and unreasonably divert the resources of an agency from its other operations.

Is there sufficient commonality to treat the requests as a single request?

Multiple requests can be treated as a single request for the purposes of considering the application of section 25A(1) if there is sufficient or relevant commonality. Commonality can be evidenced by the following (non-exhaustive) types of factors:

1. whether the multiple requests are made by or on behalf of the same person;
2. whether the multiple requests seek documents that are concerned with the same general subject matter;
3. whether the requests were lodged at or about the same time (e.g. within 2 to 3 weeks);
4. where to treat the requests individually would be to enable the evasion of the application and operation intended by the insertion of section 25A(1) (ie to overcome the mischief that occurs when an agency's resources are substantially and unreasonably diverted from its core operations by voluminous requests for access to documents).

This list of factors is not exhaustive and not all of them need to exist to enable the requests to be treated as a single request for the purposes of considering the application of section 25A(1).

² Secretary, Department of Treasury and Finance v Kelly [2001] VSCA 246.
³ For more information about "voluminous" requests, see Practice Note 6.
Back to top

3. How do I treat multiple requests which do not have sufficient commonality?

Where multiple requests are received which do not have sufficient commonality and cannot be considered together for the purposes of section 25A(1), they should be treated in the usual way and processed on an individual basis. That includes:

1. determining whether each request is valid⁴;
2. determining whether there is any reason not to process any of the requests (e.g. it is "voluminous" on its own under section 25A(1)⁵ ) and, if so, conduct any consultations that may be necessary (e.g. to narrow the scope of the particular request);
3. if there is no impediment to processing the request, estimating access charges that may be payable in relation to each request and where necessary seeking a deposit.⁶

When the multiple requests are looked at together, it may become apparent that it will not be reasonably possible for the agency to make decisions and communicate them to the applicant in respect of each of the requests within the maximum 45 day decision making period under the FOI Act.

In those cases, the Victorian Ombudsman has recommended a practical approach, suggesting that the agency consult with the applicant in respect of the priority of the various requests, i.e. attempt to determine which requests the applicant would like to have processed first. At that time it may also be appropriate to informally negotiate with the applicant to seek to reduce the scope of the requests. Any discussion with the applicant should be documented and any changes to the scope or timing of a request confirmed in writing with the applicant.

⁴ See Practice Note 1.
⁵ See Practice Note 6.
⁶ See Practice Note 2.
Back to top