Our Ref: EDRM050-37833590-1024
20 January 2021
Dr Vanessa Teague
By email t
o xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Dr Teague
Response to request for information under the Freedom of Information Act 1982
I refer to your request for access to documents of the Victorian Electoral Commission (
VEC), made
under the
Freedom of Information Act 1982 (Vic) (
FOI Act) and received by on 17 December 2020.
Your request sought access to:
“
the complete preference data for the Northwest Ward in the recent Moreland local
government election” (
request).
The statutory application fee was received by the VEC on 23 December 2020.
I also refer to my email of 13 January 2021, which provided an initial outline of my queries
regarding your request.
Section 13 of the FOI Act creates a right of access to documents of a Victorian agency, such as the
VEC. Section 17 of the FOI Act sets out the procedural requirements that are to be satisfied before
a valid request for access to documents can exist.
Under s 13, a request made under the FOI Act must seek to access
documents, rather than
information. Under s 17(2) of the FOI Act, an FOI request must provide such information
concerning the documents
sought as is reasonably necessary to enable an agency to identity
those documents. That is, a request for access to documents must strive to define with as much
precision as possible those documents sought, in terms that wil enable the appropriate officer of
the agency to constructively search for those documents. If a request is ambiguous, unclear or
otherwise il defined, it does not comply with s 17(2) of the FOI Act and need not be processed.
It is my view that your request does not currently meet the requirements set out in s 13 and s 17(2)
of the FOI Act for the following two reasons.
First, you seek to access “complete preference data”, which appears to seek information, rather
than documents. Could you please reframe your request to identify the document/s you seek?
Secondly, as stated in my email of 13 January 2021, “preference data” is not a term defined in
legislation, and I am unsure what you mean by “complete preference data”. Could you please
explain what you mean by this term?

For the above reasons, your request is not validly made in accordance with the FOI Act, and a
search for documents cannot reasonably be commenced until you address the matters set out
above.
The way forward
I invite you to consult with the VEC, within 21 days from the date you receive this notice, with a
view to amending or clarifying the request so that it is in a form that complies with ss 13 and 17 of
the FOI Act. To do so, you can contact me on the details below.
Alternatively, you may wish to submit an amended request to clarify the issues raised above or to
remove parts of the request.
If you require more time to respond to us because of the holiday break, please let me know when I
should expect to hear from you.
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 period within which a decision must be made on the request has not
commenced to run.
If no amended request is received or consultation about the request has not commenced within 21
days (or another reasonable period you advise me of), the VEC may refuse to comply with the
request by treating the request as having lapsed.
I look forward to hearing from you in relation to the above matters. You can respond to me by email
at
xxxxx.xxxxxxx@xxx.xxx.xxx.xx.
Yours sincerely
Anika Clynick
Manager, Information Protection
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