Thanks to Suze for this post.
The Freedom of Information Act under the Freedom of Information
Act 1982 (Vic) ('the FOI Act') any person has the right to apply for
access to information held by the VWA.
This applies to documents created by the VWA as well as those created
by an external organisation or individual and in the possession of the VWA.
documents relating to your own personal affairs (regardless of the age
of the document), for example: an incident you were involved in
a workplace complaint made by you information regarding an injury you
received other documents relating to the activities of Government
(not older than 1 January 1989), for example details of VWA's procedures,
or information on a high-profile workplace incident.
The term "documents" doesn't just mean those on paper.
You can also request access to other items including computer printouts,
tape recordings, videos and photographs.
The Accident Compensation Act. If you are a worker seeking access to
your own workers' compensation claim file, you can apply, free of fees
and charges, for access under section 107 or 107A of the Accident
Compensation Act 1985.
Further information - Accessing information for workers.Does the VWA
Release All Information Requested?Not all information is automatically
released by the VWA. Consistent with the FOI Act, information is not
released if it falls within one of the following exemptions:
if its release would involve the unreasonable disclosure of information
relating to the personal affairs of a person, if release would pose a serious
threat to the life or health of any person, if the dominant purpose of creating
the document was for use in actual or anticipated litigation, or for obtaining
or giving legal advice, if the documents were prepared by VWA or Agent staff
and disclose pre-decision discussion or options, and releasing the documents
would undermine effective decision making or the scheme's integrity (the so-
called "internal working document" exception), if the documents are law
enforcement documents and their release would for example, prejudice an
investigation of a possible breach of the law or prejudice the administration
of a law, if the documents contain information about a business's trade
secrets, or other information that would expose the business unreasonably
to disadvantage if disclosed, if the information was provided in confidence.
How do I make an FOI Request?
If you are a worker and you want to access your WorkCover claim file without the need to use the FOI process.
Otherwise, if you want to make an FOI request to the VWA, Steps 1 to 3
must be followed in order to make a valid FOI request.Step 1You are required
to submit your request in writing, however there is no strict rule about what
form this request must take. You can make an FOI request by either:
completing a Freedom of Information Request Form; or sending in a request
in writing that clearly identifies the information you require.
You may appoint a representative (eg. a family member, lawyer or union
representative) to make a request on your behalf .Step 2Your FOI request
must be sent to:Freedom of Information SectionVictorian WorkCover
AuthorityGPO Box 4306Melbourne VIC 3001Telephone inquiries:
(03) 9641 1555Step 3You must pay a fee of for each FOI request you make.
A cheque (made payable to the VWA) must be enclosed with your FOI request,
otherwise it will not be processed. The fee may be waived if the payment is
likely to cause hardship to you.
How much will it cost?As a result of the introduction of the Monetary Units
Act 2004, the cost of submitting an FOI request increased from $20 to $20.50
from 1 July 2004. The Monetary Units Act also provides that the FOI
application will further increase on 1 July each year by an amount to be
notified by the Treasurer before 1 June each year. Please contact the VWA
for information about the current fee.Please note that access charges may
also apply once documents have been processed and an FOI decision has
been made ie. photocopying costs and charges for search time.How is my
FOI Request Processed?An FOI Officer at the VWA must respond to your
FOI request within 45 days of receiving your request ('the first decision').
If your request for access is denied or you are not satisfied with the first decision,
you can apply in writing to the Internal Review Officer to reconsider your FOI
request. This is called an application for an internal review. You must lodge your
request for internal review within 28 days of receiving the first decision.
An Internal Review Officer will make a fresh decision and respond to you
within 14 days of receiving your application for a review of the decision
('the internal review decision').If you are dissatisfied with the internal
review decision, you may appeal to the Victorian Civil and Administrative
Tribunal ('VCAT') within 60 days of receiving the internal review decision.
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