VPRS 14627 Complaint Files (Freedom of Information)

Full description

The Freedom of Information Act 1982 (FoI Act) provided members of the public rights of access to information that is in the possession of prescribed agencies of the Government of Victoria. The Ombudsman had four major functions under Freedom of Information legislation. They were to:
- hear the complaint of an applicant who was advised that a document did not exist or could not be located
- provide a certificate for a Victorian Civil and Administrative Tribunal review of charges levied for documents provided under the Freedom of Information Act stating that the matter is of sufficient importance for the Tribunal to consider
- provide a certificate, if appropriate, where an agency fails to make a decision on a request within a reasonable time stating that the question of the delay can be determined by the tribunal; and
- intervene, if appropriate, at a hearing in the tribunal in relation to an appeal, following an applicant's request to do so
The Ombudsman could investigate responses to FOI requests that commonly fell under the following categories:
- an agency's refusal to process a request because the work involved in processing it would have substantially and unreasonably divert its resources from its other operations or because all of the documents are exempt and it was apparent that providing an edited copy is not applicable
- an agency's decision that documents did not exist or could not be located
- an agency's decision as to the charge that an applicant is required to pay before access to a document is granted
- an agency's delay in processing a request