The Freedom of Information Online (FOI Online) website at www.foi.vic.gov.au contains the names and contact details of many of the agencies that are subject to the FoI Act (Vic).

The FoI Act (Vic) covers Victorian government departments, local councils and prescribed authorities, such as Victoria Police (see: section 5 for the definition of "prescribed authority"). Additional bodies, such as public hospitals, are brought under the Act by the Freedom of Information Regulations 2009 (Vic). The Act and Regulations can be downloaded from FOI Online or hard copies can be purchased from Information Victoria.

In the FoI Act (Vic) the right of access is conferred by section 13; exempt documents are outlined in sections 28–38A; Part V (ss.39–49) confers rights of amendment of personal records; the index and directories requirements are found in Part II (ss.7–12) and review rights are detailed in Part VI.

A request for access must be in writing to the agency holding the documents. The request should specify as clearly as possible the document or documents to which access is sought, and should be headed "Freedom of Information Request", so that the intention to bring the request under the FoI Act (Vic) is clear. Submitting an application form is optional. Many agencies have developed their own forms or a general application form can be downloaded from the FOI Online website.

An application fee (see: "Fees and charges", below) must accompany the request (s.17(2A)), although it may be waived or reduced in cases of hardship. Applications to government departments and Victoria Police can be submitted and paid for electronically via the FOI Online website.

The agency receiving the request has a duty to assist an applicant to make a valid FOI request (s.17).

Under the FoI Act (Vic), a request for access must be answered as soon as practicable and, in any event, not later than 45 days after receipt of a valid request (s.21).

The grounds of exemption under the FoI Act (Vic) (ss.28–38A) are that the documents are:

If an agency decides to refuse access to any of the requested documents, it must provide a statement of reasons (s.27 FoI Act (Vic)). The agency is also required to advise the applicant of their review rights, how they may exercise those rights and any time limits that apply.

In general, an applicant may seek an "internal review" of an agency's decision to deny access, whether in whole or in part, to the requested documents (s.51). Any subsequent appeal may be taken to the Victorian Civil and Administrative Tribunal (VCAT) (see: Chapter 21*3 Administrative Appeals Tribunals).

A comprehensive table of fees and charges is available from FOI Online (see: Practice Note 2: Fees and Charges).

Some categories of access charges do not apply to applicants obtaining their personal information, or acting in the public interest or benefit, or to applicants who are Members of Parliament.

There is no charge for a request for an internal review of a decision.

An application to VCAT for review of a decision costs $213.90, except where:

As a general rule, in the VCAT each party bears its own costs.

The FOI Online website at www.foi.vic.gov.au contains information about Victorian FOI processes, agencies covered by the FoI Act (Vic) and FOI Annual Reports tabled by the responsible Minister.

Enquiries about making a request to an agency should be directed to the FOI officer in that agency. General enquiries about the operation of the FoI Act (Vic) can also be made to: