The Tac and the Victorian Freedom of Information Act 1982

THE TAC AND THE VICTORIAN FREEDOM OF INFORMATION ACT 1982

• A guide for people seeking access to documents from the TAC

Current from 1 July 2012

This brochure provides a general guide in question and answer format for people seeking access to documents from the TAC under the Victorian Freedom of Information Act 1982.

If you have any questions about this brochure or a Freedom of Information (FOI) request, please contact the TAC on 1300 654 329 and ask to speak to one of our Freedom of Information officers.

WHAT IS THE OBJECT OF THE FREEDOM OF INFORMATION ACT 1982?

The object of this Act is to extend as far as possible the right of the community to access information in the possession of the Government of Victoria and certain other bodies.

It is the intention of Parliament that the Act be interpreted to facilitate and promote the disclosure of information.

DO I NEED TO LODGE A FORMAL FREEDOM OF INFORMATION REQUEST?

The TAC routinely releases documents without the need for a formal Freedom of Information request. Before lodging a formal request, you should contact the TAC as there are often other ways for you to obtain documents.

WHAT ARE MY RIGHTS?

The Victorian Freedom of Information Act 1982 gives you a general right to:

seek access to documents held by the TAC about your personal affairs (such as details of your TAC claim), a third party or the operations of the TAC in general
ask for a document to be included in the next statement of documents which are publicly available or which are in the possession of the TAC
ask for an amendment to personal records – if the personal records are incomplete, out of date, incorrect or misleading
seek a review of an FOI decision.

HOW DO I MAKE A FORMAL REQUEST FOR ACCESS TO DOCUMENTS?

A formal Freedom of Information request must:

be in writing (application forms, while not mandatory, are available from the TAC)
describe the document(s) you want in enough detail to enable identification (such as correspondence within a date range relating to your claim)
include the statutory $25.10 application fee, preferably in the form of a cheque/money order, payable to the ‘Transport Accident Commission’ (some exceptions apply, see over for more details).

The request should also:

contain your name, address and business hours contact details
indicate if you seek access in the form of a copy (paper or electronic), via inspection or in some other form
be posted or delivered to the TAC.

WHAT DOCUMENTS CAN I ACCESS?

You may request access to any document held by the TAC. However, the TAC may refuse access to some documents or portions of documents when they are subject to the exception and exemption provisions of the Freedom of Information Act 1982.

For more information on exceptions and exemptions visit the Victorian Government FOI website, FOI Online, at

CAN I ACCESS DOCUMENTS ABOUT SOMEONE OTHER THAN MYSELF?

Yes, if the TAC is supplied with a signed, written authority by the third party expressly allowing you access to their information.

WHAT IS THE COST INVOLVED?

There are two types of costs, the application fee and access charges.

Application fee

The statutory application fee is set in accordance with the Monetary Units Act 2004.

From 1 July 2012 the fee is $25.10. This may increase on 1 July every year.

The application fee will be waived for applicants seeking personal information who provide a copy of their current valid health care card or pensioner concession card.

If a request involves multiple claim files relating to the same person, only one application fee is payable.

There is no application fee for a request for amendment to personal records or for a request for a document to be included in a published statement.

Usual access charges

Deposits

If the estimated charge exceeds $50 but does not exceed $100, you may be asked to pay a $25 deposit before your request is processed.

If the estimated charge exceeds $100, you may be asked to pay 50% of the charge before your request is processed.

HOW LONG DOES IT TAKE?

HOW DO I CHALLENGE A DECISION?

In the TAC’s decision letter you will be advised of your rights, which may include:

an internal review by the TAC’s Freedom of Information Internal Review Officer
conciliation with the Victorian Health Services Commissioner
a review by the Victorian Civil and Administrative Tribunal (VCAT)
a complaint to the Ombudsman Victoria.

Internal review

Generally, you may apply for an internal review by writing to the TAC’s Freedom of Information Internal Review Officer. You must lodge your request within 28 days of receiving the initial decision (70 days in certain circumstances). The Internal Review Officer will review the decision and respond within 14 days.

However, you are not entitled to an internal review of a decision if it was made by the principal officer of the TAC.

Conciliation with the Victorian Health Services Commissioner

If you are refused access to health information on certain grounds, you may, as an alternative to seeking an internal review, seek conciliation with the Victorian Health Services Commissioner. This must be done within 28 days of receiving the initial decision (70 days in certain circumstances).

For more information go to

Application for review by VCAT

You may seek a review by VCAT of a Freedom of Information decision within 60 days if you are dissatisfied with:

an internal review decision
the conciliation process with the Victorian Health Services Commissioner
a decision which was made by the principal officer
a failure to make a decision within the number of days allowed by the Act.

For more information go to

Complaint to the Ombudsman Victoria

You may complain to the Ombudsman Victoria about various FOI matters including:

a refusal to process your request
notification that a requested document does not exist or cannot, after a thorough and diligent search, be located
charges payable before access is granted
a delay in processing your request, internal review or conciliation.

The Ombudsman may make recommendations but cannot change the TAC’s decision. You cannot lodge an application for review by VCAT while the Ombudsman is investigating your complaint.

For more information go to

FURTHER INFORMATION

More information is available from the Victorian Government FOI website, FOI Online, at

TAC CONTACT DETAILS

Telephone:

1300 654 329
1800 332 556 (toll-free outside the Melbourne metropolitan area)

FREEDOM OF INFORMATION OFFICER

Telephone:

(03) 5225 6527

Facsimile:

(03) 9656 9360

Visit (by appointment):

TACReception
60 Brougham Street, Geelong

Write to:

Freedom of Information Officer
Transport Accident Commission
PO Box 742
Geelong, VIC 3220

Email:

Website: