How to Appeal a Freedom of Information Decision in Victoria

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When you make a Freedom of Information (FOI) request in Victoria, the agency must tell you in writing whether it will release the documents. Sometimes the answer is no, or only part of what you asked for is released.

If you think that decision is wrong, you have the right to challenge it through an FOI appeal with the Office of the Victorian Information Commissioner (OVIC).

This guide explains how the FOI appeal process works, who can apply, how long it takes, and what you can do to improve your chances of success.

1. What Is an FOI Appeal

An FOI appeal, called a review, is a formal way to ask OVIC to look again at a decision made by a Victorian public agency or Minister.

You can ask for a review if:

• The agency refused access to documents
• The documents were released with heavy redactions
• Access was deferred or delayed
• A correction of your personal information was refused
• A fee waiver was denied

The review is free and independent. OVIC will assess whether the agency followed the law and applied exemptions correctly.

(For more on how requests move from application to decision, see our related article: The FOI process in Victoria.)

2. The Difference Between a Review and a Complaint

OVIC handles two types of post-decision matters:

Review: Used when you disagree with the outcome. For example, you believe more documents exist or that an exemption was misused.

Complaint: Used when the process was flawed. For example, the agency missed deadlines, lost documents, or failed to communicate properly.

You can lodge both at once if your situation involves both a poor decision and poor process.

(Read more: How to Make Complaints With the Office of the Victorian Information Commissioner.)

3. How to Lodge an FOI Appeal in Victoria

Follow these steps to request a review.

Step 1: Read Your Decision Letter Carefully

Every FOI decision must explain:

• Which documents were found
• What was refused and why
• What exemptions were used
• How to appeal and by when

If your letter does not include this information, note it as a potential breach when you apply for review.

Step 2: Lodge a Review Within 28 Days

You have 28 calendar days from the date you received the decision to apply for a review.

You can do this:

• Online: Use OVIC’s FOI review form at ovic.vic.gov.au
• Email: Send your application and decision letter to enquiries@ovic.vic.gov.au
• Post: Office of the Victorian Information Commissioner, PO Box 24274, Melbourne VIC 3001

Include:

• Your name and contact details
• The name of the agency
• A copy of the decision letter
• Any reasons you disagree with it (optional but helpful)

You do not need a lawyer or special language. Clear, polite writing works best.

Step 3: Wait for Acknowledgment

OVIC will confirm whether your review is valid. If accepted, you and the agency will be notified in writing.

4. What Happens After You Lodge an Appeal

The FOI review process follows these main stages:

1. Early Resolution: OVIC tries to settle most reviews informally. Many agencies agree to release more material after discussion.

2. Information Gathering: If the issue continues, OVIC requests the full unedited documents and asks both sides for comments.

3. Preliminary View: OVIC may share an early opinion about whether the agency’s decision appears justified. This helps both sides decide whether to settle.

4. Formal Decision: If no agreement is reached, OVIC makes a written decision that may affirm, vary, or overturn the agency’s original ruling.

The decision is binding unless appealed to the Victorian Civil and Administrative Tribunal (VCAT).

5. How Long an FOI Appeal Takes

Under the FOI Act, OVIC aims to complete reviews within 30 days, but complex matters take longer.

Recent OVIC performance data shows:

• Median review duration: about 120 days
• 75% of reviews resolved informally without formal decision
• Most complaints finalised in under 80 days

You can contact OVIC for updates at any time.

6. Tips to Improve Your Chances of Success

• Be clear and concise. Focus on the documents and exemptions in dispute.
• Use evidence. If you know certain documents exist, state why.
• Be responsive. Reply quickly when OVIC requests clarification.
• Stay polite. Agencies are more likely to cooperate when tone stays professional.
• Consider mediation. Many cases resolve faster when both sides talk directly.

(For more practical tips on improving your FOI outcomes, see: Maximising the Chances of a Successful FOI Application.)

7. What to Expect After the Review

Once OVIC finishes, you will receive a written notice outlining the outcome. The possible results are:

• Affirmed: The agency’s decision stands.
• Varied: Some parts change, such as extra documents released.
• Set aside: OVIC orders the agency to release more information.

If you disagree with OVIC’s outcome, you can apply to VCAT for external review within 60 days.

8. When to Make an FOI Complaint Instead

If your problem is about delay, poor communication, or lost documents, a complaint is often faster than a review.

You can make a complaint to OVIC if:

• An agency missed the 30-day deadline
• You never received an acknowledgment
• You think the agency breached FOI professional standards

Complaints are free, informal, and usually finalised in two to three months.

9. Common Mistakes to Avoid

• Missing the 28-day appeal window
• Sending the request to the wrong agency
• Forgetting to attach the decision letter
• Making vague or emotional claims rather than factual ones
• Ignoring OVIC’s follow-up emails

Avoiding these errors saves weeks of delay.

10. Why FOI Appeals Matter

FOI reviews are a vital accountability tool. They help correct unfair refusals and improve how agencies handle transparency.

Every appeal also builds public understanding of what information should be open by default.

Even if you don’t win outright, an OVIC review often leads to clearer explanations, more documents, or systemic improvements within agencies.

Conclusion

If your FOI request is refused, it’s not the end, rather it’s just the beginning, don’t give up.

Appeals with OVIC are free, straightforward, and often successful.

By understanding the process, meeting deadlines, and presenting your case clearly, you can turn a rejected request into a transparency win.