Statement 3 – Freedom of information arrangements
Under the Freedom of Information Act 1982 (Vic) (FOI Act), members of the public have the right to request information and access documents about their personal affairs and the Independent Broad-based Anti-corruption Commission’s (IBAC) activities. IBAC’s website provides general information to assist people making requests for documents or information.
A freedom of information request must be made in writing. Requests for documents held by IBAC can be made using the FOI Request Form and sent to:
Independent Broad-based Anti-corruption Commission
Freedom of Information Officer
GPO Box 24234
Melbourne VIC 3001
Alternatively, you may send your request by email, to FOI@ibac.vic.gov.au.
The Office of the Victorian Information Commissioner's website contains further information how to access documents or information under the FOI Act.
Information on how to make a freedom of information request and how IBAC is complying with freedom of information obligations is also published in IBAC’s annual report.
Please check these exclusions prior to making a freedom of information application.
Certain IBAC and Office of Police Integrity (OPI) documents are excluded from the scope of the FOI Act.
|Excluded documents under the FOI Act
Section 194 of the IBAC Act states that the FOI Act does not apply to a document that is in IBAC’s possession to the extent to which the document discloses information that relates to:
- a complaint received by IBAC
- an investigation conducted under the IBAC Act
-a recommendation made by IBAC under the IBAC Act
- a report, including a draft report, on an investigation conducted under the IBAC Act
- information received by IBAC under s 56 of the IBAC Act (information relevant to the carrying out of IBAC’s investigative functions)
- a notification made to IBAC under s 57 of the IBAC Act (information regarding corrupt conduct)
Section 51 of the PI Act states that the FOI Act does not apply to a document to the extent to which the document discloses information that relates to:
- a complaint investigated by the Director under Part 3 of the Police Integrity (PI) Act
- an investigation under Part 3 of the PI Act, whether in relation to a complaint or otherwise
- a report on that investigation, including a report on the progress of the investigation
Section 78 of the PI Act states that the FOI Act does not apply to a document to the extent to which the document discloses information that:
- relates to a protected disclosure
- relates to an accessible disclosure
- is likely to lead to the identification of a person who made a protected disclosure
These are broad categories and include all documents and information relating to a complaint or investigation.
These exemptions apply even if you are the complainant or person who has been under investigation by IBAC or OPI.
If any of the above exclusions apply to a document, the document will not be considered or provided under FOI and an application will not be successful under the FOI Act.
If a document or information is not subject to the above exclusions, it will be assessed by IBAC under the FOI Act. A decision will be made on whether or not to release the document or whether an exemption under the FOI Act applies. You can make a request by completing an FOI Request Form and sending it to IBAC. Your request should set out clearly the documents or information you seek from IBAC, with enough detail to enable IBAC to identify the relevant material.
IBAC may also refuse an FOI request where processing the request would substantially and unreasonably direct IBAC's resources from its other operations. You should therefore try to make your requests or access as specific or reasonably possible in the circumstances.