Freedom of Information

Skip to Related Content

Freedom of Information (FOI)

The Freedom of Information Act 1982 provides the public with rights of access to documents in the possession of agencies of the Government of Victoria.

The Freedom of Information Act 1982 also provides the public with rights to request amendments to records that the individual believes are inaccurate, incomplete, misleading or out of date.

The Freedom of Information Act 1982 allows the public to complain about or appeal against an agency's decision not to grant access to information or to amend the personal details.

What the Ombudsman may look at

Under the Freedom of Information Act 1982 there are four specific circumstances when applicants can complain to Ombudsman Victoria (OV) about the handling of their requests.

These are:

  1. When an agency refuses to process a request because the work involved in processing it would substantially and unreasonably divert the agency's resources from its other operations, or because all of the documents are exempt and it is apparent that providing an edited copy is not applicable.
  2. When an agency decides documents do not exist or cannot be located.
  3. An agency's decision about the charge an applicant must pay before access to a document is granted.
  4. An agency's delay in processing a request.

Please see the section headed Case studies and fact sheets for more information about these types of complaints.

  • In addition to these specific circumstances, an action taken or decision made by an agency under the Freedom of Information Act 1982 may be dealt with as an administrative action within the provisions of the Ombudsman Act 1973.
  • In addition to the above, OV has a role regarding other types of freedom of information (FOI) complaints.
  • OV can consider whether it was reasonable for an agency to make a decision to either seek clarification or refuse to process a request for access.

If an FOI complaint concerns the agency's refusal to waive or reduce the application fee on the grounds that payment would cause hardship to the applicant, OV can consider whether the agency's decision was reasonable and lawful.

If a complaint concerns the transfer of an FOI request, OV can consider whether the agency has reasonably assisted the applicant to direct a request to the appropriate agency. OV can also consider whether the agency has acted promptly in transferring a request appropriately, and informing the applicant that it has done so.


What you can expect

The Complaint resolution section of the OV website under Make a complaint details what happens when you make a complaint. The section headed Case studies and fact sheets also provide further information about what can be expected regarding complaints OV receives.

What the Ombudsman cannot look at

Part IV of the Freedom of Information Act 1982 lists reasons agencies may use to refuse access to documents. If access is refused because of one of these reasons, applicants have the right to an internal review by the agency. If the applicant is still dissatisfied after the internal review, they have the option of applying to Victorian Civil and Administrative Tribunal (VCAT) for a review of the agency's decision.

OV is not an alternative to VCAT for appealing a decision to refuse an applicant access to information made under Part IV of the Freedom of Information Act 1982. VCAT is a specific statutory scheme of review. Parliament intends for this specific avenue of review to be used, rather than relying on general, non-specific remedies such the Ombudsman Act.

FOI sources and links

The Department of Justice operates the FOI Online website at www.foi.vic.gov.au. The website provides assistance and general information to help the public access government documents by using the Freedom of Information Act 1982. The website explains the correct agency to send requests to. Request forms can also be downloaded. Requests can also be made online to one of the 10 government departments or Victoria Police.

The Attorney-General of Victoria has also published The Improved Accountability Guidelines for FOI. These guidelines can be accessed at www.justice.vic.gov.au under the section headed Your Rights/Freedom of Information.

FOI requests for documents held by Ombudsman Victoria

OV is exempt from the Freedom of Information Act 1982. This means that OV is not required to process FOI applications which disclose information that relates to a complaint, enquiry, investigation, report of an investigation or recommendation resulting from OV an investigation.

Some OV documents do not fall into the categories of investigative, complaint handling and reporting functions and are therefore still subject to the Freedom of Information Act 1982. For example, OV considers requests from complainants seeking copies of documents they have provided.

Under the Freedom of Information Act 1982 if an application is made for a document held by OV but created by another agency, the applicant will be advised to apply to the other agency and the application fee will be refunded.

Some documents held and created by OV that are not subject to the Freedom of Information Act 1982 may be available quickly and informally without an FOI application having to be made. OV will assess each request on its merits and in accordance with relevant legislation, which places restrictions on what can be released to the public.

View FOI Fact Sheets