Freedom of Information Policy

Please note that this policy has not yet been revised or converted to the new format.

1. The Purpose of the FOI Act

Monash University is a prescribed authority or "agency" under the Victorian Freedom of Information Act 1982 (Act).

The purpose of the Act is to extend the right of the community to access information in the possession of the Government of Victoria and its various departments and authorities. The "information" sought by an applicant under the Act must be in document form and must be in the possession of the agency.

2. What is a Document?

A "document" as defined in the Act can include a map, graph, drawing, photograph, a label or other attachment, a disc, tape, sound track, or a film, as well as a document in writing or typing. Information held on computer disk or in a data base fits the definition of a document.

Applicants have the right to request any document which is physically in the possession of the University, but access is subject to any possible exemptions as appears in the Act.

A person does not have the right to obtain under the Act publications which are sold by the University, documents which are held by the Public Record Office of Victoria or documents that are readily available to the public.

There is no requirement for the University to create, in response to an FOI request, a document listing additional information, or to explain documents.

3. Applicants Under the Act

Any person may make a request for a document under the Act. A company or other organisation cannot make a request; but an individual employee or member of a company or organisation can do so.

4. Form of Requests for Documents

Applicants must lodge a request in writing which should be accompanied by an application fee of $22 to the Freedom of Information Officer at foi@adm.monash.edu.au. 

The Act requires applicants to state their requests clearly enough for relevant documents to be identified and charges the agency (the University) with assisting the applicant to do this (Section 17). Work begins on a request only when it is sufficiently specific and clear.

If a request is made for a document but the Freedom of Information Act is not mentioned by the applicant, an appropriate person in the Branch or Department should decide if the request is routine. (See 12.6 below). The request need not be referred to the Freedom of Information Officer if the document is normally available for public scrutiny (e.g., certain committee papers). When a request is referred to the Freedom of Information Officer, the applicant should be advised.

5. Access to Documents under FOI

The Freedom of Information Officer makes the decision about access to documents and advises applicants in writing. Under the Act this must be done within 45 days of receiving the request. The decision in each case may be that access is granted in full, or denied in full, or in part granted and in part denied. The Freedom of Information Officer must advise the applicant if a document has been lost, has never existed or has been destroyed.

Access can be granted to parts of documents. If certain of the information is regarded exempt from disclosure according to the categories of exceptions specified by the Act (see paragraph 6. below) the exempt material may be denied and expunged from the copies which are released to the applicant.

The Freedom of Information Officer or his representative often assists applicants in wording their requests so that the relevant documents can be precisely identified. The Freedom of Information Officer is not required to conduct a general search for documents until it is clear which documents are being sought by an applicant.

6. Monash FOI Access Practice

In accordance with the spirit and wording of the Act, the University considers every request with the aim of assisting the public to know and understand the processes of administration and management at Monash.

The Act allows for requested documents to be withheld where they are considered to be exempt from release. The University protects its legitimate management, research and commercial interests and the interests, including privacy, of individuals (staff, students or members of the public) by using the exemptions provided for under the Act. In some cases, even when an exemption provided by the Act appears both applicable and justifiable a document may be released by the Freedom of Information Officer because adverse consequences of release to the University's functions and legitimate interests are considered to be minimal. The Act encourages agencies to consider releasing documents otherwise than required by the Act.

The Freedom of Information Officer will therefore consider, in relation to the provisions of the Act, any document regarded as possibly exempt and decide whether it should be released, released with exempt details deleted, or withheld.

A document or part of a document can be regarded as exempt if (among other things):

• it is an internal "deliberative process" document and its release would not appear to be in the public interest (exempt under Section 30 of the Act);

• it would be privileged from production in legal proceedings on the ground of legal professional privilege (exempt under Section 32 of the Act);

• it concerns the personal affairs of a person or persons who have not initiated the request (exempt under Section 33 of the Act);

• it is information communicated in confidence by or to the University (exempt under Section 35 of the Act);

• it is a referee's report;

• its release would disadvantage the University or another organisation commercially (exempt under Section 34 of the Act); or

• it is seen to be covered by one or more of the other exemptions provided for by the Act (often not applicable to Monash documents).

For a complete listing and explanation of the exemptions, copies of the Act are available for perusal at the offices of the FOI Officer and the University Solicitor.

7. Fees Charged for Access

Under the Act and Regulations relating to Access Charges, fees are charged as follows:

• $22 application fee;

• $20 per hour or part of an hour for time taken to locate and identify the documents;

• $5 per quarter hour or part of a quarter hour for supervision of time taken to inspect the documents; and

• 20 cents per A4 sheet for photocopies of the documents.

There are other charges able to be levied in certain circumstances. 

The Regulations do not permit the University to charge for time taken in photocopying or decision making.

For documents which require retrieval on computer, the Act provides for the charging of actual "reasonable costs" incurred in retrieval in some cases.

Under certain circumstances, listed in the Act, some of the access charges are or maybe reduced or waived. Where the fee for access is assessed as likely to exceed $50, the applicant will be asked to pay a deposit before the search for documents is begun.

8. Internal Reviews

When an applicant is dissatisfied with the Freedom of Information Officer's decision not to release all or part of a requested document, under the Act the applicant has 28 days to lodge a request for a review of the decision. At Monash this review is conducted by the Vice-Chancellor (or Acting Vice-Chancellor) who is the Principal Officer under the Act. The Principal Officer must inform the applicant of the result of the review within 14 days of receiving the request for review.

9. The Victorian Civil and Administrative Tribunal (VCAT)

If an applicant wishes to apply for a review of the Principal Officer's decision, an appeal should be lodged in writing with the VCAT within 60 days of the date on which the applicant receives the Principal Officer's letter advising the decision on internal review.

The VCAT review procedure provides for a preliminary conference of the parties aimed at settling their disagreements on exemptions and access to documents. Failing agreement, the matter will proceed to a hearing by the VCAT where the issues will be examined and a decision made.

10. The Ombudsman

The Ombudsman for Victoria may direct enquiries to the University as a result of an applicant's complaint about the University’s handling of an FOI request. Applicants are entitled to complain to the Ombudsman if they are informed by the Freedom of Information Officer that a document has been lost, destroyed or does not exist, or if a request has not been handled according to the provisions of the Act. A person may also complain to the Ombudsman about an administrative procedure or decision which appears to him or her unjustified or contrary to law.

The Records and Archives Manager is responsible for proper retention and registry of University records which are public documents under the Public Records Act. While the dividing line between University and personal documents is not always easy to determine, destruction of University records cannot be undertaken without consultation with the University's Records and Archives Manager, Ms K. Dan. For some categories of documents, such as examination scripts and student files, an approved disposal schedule applies. Staff who are in doubt about whether a document is a document of the University under the Act should contact the FOI Officer. If there is doubt about whether a document may be destroyed, the contact is the Records and Archives Manager.

11. Requests to Amend a University Record

Under Section 39 of the Act, an applicant may request in writing correction or amendment of a record that has been previously released to him/her under the Act and relates to himself/herself if it is inaccurate, incomplete, or out of date, or where it would give a misleading impression.

The University has 30 days to respond to such a request.

The review and appeal procedures for FOI requests to amend personal records can also result in an internal review and thereafter to review (preliminary conferences and final hearings) in the VCAT.

12. Access Apart from the Act

While requests for the following types of documents are handled at Monash outside the Act, a dissatisfied applicant would not, under law, be prevented from placing an FOI request. The University therefore uses the FOI Act and Regulations as a guide in making decisions about access and in setting fees.

Documents which are personal to a student or staff member are not released to a third party. This includes a student's marks and grades.

12.1 Numerical Examination Marks

A student's final numerical marks for subjects studied at Monash are available to that student at no charge, outside the Act. Since 1984 numerical marks have been automatically released with grades on "notification of results" slips. Official Academic Statements do not include numerical marks, but can be produced individually with marks included on request at a fee of $10. At Monash the marks of a student are not released to another person without signed consent from the student.

It should be noted that not all courses at Monash utilise numerical marks.

12.2 Examination Script Books

Staff are encouraged to give feedback to students on their performance in examinations. In such discussions the staff member might refer to the student's examination script. If students wish to inspect or have copies of their scripts, they should apply at the departmental or school office, where a time will be arranged for them to read through their scripts, or they will be given photocopies at a fee of $5 per script book for each examination.

Students may be denied access to their scripts if the examination is a short answer or multiple choice module which the examiner intends to use again.

It is the responsibility of departments to arrange for routine destruction of examination script books six months after the publication of the results, or one month after the conclusion of an appeal, whichever is the longer. For information about the University's disposal schedules, the Records and Archives Manager should be contacted.

12.3 Theses

Access can be obtained to copies of passed theses held in any branch of the University Library, through the Librarian. Very rarely a thesis contains sensitive material which is covered by an exemption under the Act, and access is therefore restricted for a specified time period.

12.4 Personnel Files

Staff of the University may gain access, outside the Act, to their personnel files through the Director of Human Resources Services (Clayton Campus) or Manager of Personnel (Gippsland). Access to these files will not include any documents regarded as sensitive, such as referees' reports. Staff who wish to have access to any personal documents not on their files must lodge an FOI request with the FOI Officer.

12.5 Student Files

Student files contain completed forms and correspondence related to the academic progress of students through their courses. To see their files, students may apply to the Manager, Client Services at Clayton (handling city campuses) or the Co-ordinator, Student Services at Gippsland Campus.

Under a disposal schedule approved as part of the University's records management function, undergraduate hard copy student files are routinely destroyed 2 years after last action on the file.  Files for research students may be retained for 3 to 5 years before destruction depending on circumstances.

Should students wish a copy of academic achievements, which are retained electronically, they should refer to the relevant section of the Monash Web site dealing with obtaining Academic Transcripts.

12.6 Documents of Departments, Schools and Branches

Staff of Monash may be prepared to grant access to certain documents on direct request, without requiring the person asking to invoke FOI procedures. Such documents might be committee minutes and agenda, reports submitted to Academic Board, or documents of personal concern to the enquirer.

If a document is regarded as sensitive, the Department, School or Branch should not initially release it, and the enquirer should be advised to make an FOI request.