1 Malop Street Geelong VIC 3220
PO Box 279 Geelong 3220
Telephone 03 4243 7000
Fax 03 4243 9321
worksafe.vic.gov.au
Our ref: FOL/25/8417
Your ref: 00047616
24 October 2025
Mr Richard Smith
Via email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Your freedom of information request is not yet valid
I refer to your application received by WorkSafe Victoria (
WorkSafe) on 14 October 2025 in which you
sought access to documents under the
Freedom of Information Act 1982 (Vic) (
FOI Act). I note that the
fee for your request was paid on 23 October 2025.
You have sought access to the following:
I therefore request access to the fol owing documents created, stored and
transmitted in the Government's information system:
a) Documents outlining the details communicated to Worksafe Victoria of the
three serious safety incidents that occurred on Eastern Freeway construction
site between April and October 2025;
b) Documents relating to any safety or incident notification alert issued by
VIDA or it’s contractors to Worksafe Victoria for each of the three incidents
that occurred on Eastern Freeway construction site between April and October
2025; and
c) Documents relating to communications between the Victorian Infrastructure
Delivery Authority (VIDA) and WorkSafe Victoria relating to the safety
notification or safety alert for each of the three incidents that occurred on
Eastern Freeway construction site between April and October 2025.
Section 13 of the FOI Act sets out the right to access, which is the right to obtain access to a document
of an agency other than an exempt document. That is, a request must be for documents and not just
information as such.
As it presently stands, aspects of your request are unclear and need to be clarified.
I draw your attention to section 17(2) of the FOI Act, which states as follows:
A request shall provide such information concerning the document as is reasonably necessary
to enable a responsible officer of the agency, or the Minister, as the case may be, to identify
the document.
That is, an applicant must strive to define with as much precision as possible the documents sought in
terms that would enable an appropriate officer of the agency to search for those documents. If a request
is ambiguous, unclear or otherwise il defined, it is not a valid request and need not be processed.
Pursuant to section 17(4) of the FOI Act, it is WorkSafe’s duty to assist you to make a request in a
manner that complies with section 17. I must give you a reasonable opportunity to consult with
WorkSafe with a view to making a request in a form which complies with section 17(2) of the FOI Act.
1 Malop Street Geelong VIC 3220
PO Box 279 Geelong 3220
Telephone 03 4243 7000
Fax 03 4243 9321
worksafe.vic.gov.au
I invite you to consult with me to discuss how your request could be amended so that it is in a form
that can be processed.
In order to assist you, I make the following specific comments in response to your request:
• You have requested documents in relation to “three serious safety incidents that occurred on
the Eastern Freeway construction site between April and October 2025”. You have provided a
link to a newspaper article which presumably gives factual context to your FOI request.
However, the article is pay walled and I cannot access it.
• In order to conduct any searches for relevant documents, we wil require further details of these
incidents, such as dates/ times/ location/ description of the type of safety incident/ vehicles/
items of plant involved etc.
Alternatively, you may wish to submit an amended request.
You have 21 days from the date you receive this letter to make your amended request, or otherwise
contact me (by
14 November 2025). WorkSafe may refuse to comply with your request if it does not
comply with section 17 of the FOI Act.
Questions about your request
If you wish to discuss your request, please contact me via return email:
xxxxxxxxxx@xxxxxxxx.xxx.xxx.xx.
Yours sincerely
Megan Hood
Legal Counsel
Freedom of Information & Privacy
Corporate Legal Services
