[Reference]
11 December 2023
Mr Jay Burstin
By email only:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Burstin
Freedom of Information Request
I refer to your email of 27 November 2023 seeking access to documents under the
Freedom
of Information Act 1982 (“
FOI Act”) from the Victorian Curriculum and Assessment Authority
(“
VCAA”) in the following terms:
“I would like to request the full Deloitte review into the VCAA exam development
process.
I would like to request that the FOI fees be waived, on the basis that the document is
obviously in the public interest. If this is not possible, please treat my request as an
informal or administrative request”. (“
Request”).
To the extent your email constitutes an informal request for access outside the FOI Act, the
VCAA respectfully declines to provide the document you seek.
Validity of request
The FOI Act creates a right of access to documents of an agency, such as the VCAA.
Section 13 of the FOI Act states that the right of access is to be exercised “in accordance
with this Act”. Section 17 of the FOI Act sets out the requirements to be satisfied before a
valid request for access to documents exists.
Application fee
One requirement is for a request for access to be accompanied by an application fee of 2 fee
units (s 17(2A), FOI Act), presently $31.80. That application fee may be waived or reduced if
payment of the fee would cause hardship to an applicant (s 17(2B), FOI Act).
The term “hardship” is not defined in the FOI Act. Accordingly, it has its ordinary meaning -
severe suffering or privation, particularly from the comforts or necessities of life; severe
oppression or need. In the context of the FOI Act, the term “hardship” is generally
considered to mean financial hardship.
I note that in your Request you stated:
“I would like to request that the FOI fees be waived, on the basis that the document is
obviously in the public interest. If this is not possible, please treat my request as an
informal or administrative request”.
Public interest is not a recognised legal reason for the waiver of any application fee under the
FOI Act.
If you wish to submit that payment would cause hardship, and so that the VCAA may
properly consider such an application, please provide within 21 days any evidence sought to
be relied upon in support of such a hardship application. Upon receipt of that evidence, a
decision will be made in relation to whether to accept any application for fee waiver.
For more information about waiver or reduction of the application fee, see the Information
Commissioner’s website here:
https://ovic.vic.gov.au/freedom-of-information/resources-for-
agencies/practice-notes/receiving-an-access-request-valid-requests-and-early-
considerations/
Otherwise, if you wish to proceed with your Request, please forward the application fee of
$31.80. Payment can be made by cheque or money order (payable to the VCAA) or by credit
card. If you wish to pay by credit card, please provide the following information:
The way forward
If you wish to obtain the document under the FOI process, please ensure the matters raised
above are addressed within 21 days, otherwise the VCAA may refuse to comply with the
Request by treating it as having lapsed due to not having been validly made.
Please note that until the Request is made in a manner required by s 17 of the FOI Act, it
cannot be processed and the 30-day time period within which a decision must be made on
the Request has not commenced to run.
I look forward to hearing from you.
Yours sincerely
Jenny Morris
Principal Solicitor