Freedom of Information (Access Charges) Regulations 2025 (Vic)
Version No. 001
Freedom of Information (Access Charges) Regulations 2025
S.R. No. 32/2025
Version as at
1 June 2025
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provisions
3Commencement
4Revocation
5Definitions
6Charges
7Charges for access to document in alternative form
8Notice of charge
9Calculation of deposit
Schedule 1
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 001
Freedom of Information (Access Charges) Regulations 2025
S.R. No. 32/2025
Version as at
1 June 2025
1Objectives
The objectives of these Regulations are to provide for—
(a)the making of charges of amounts; and
(b)the fixing of rates—
for and in relation to access to documents and the provision of copies or transcripts of documents under the Freedom of Information Act 1982.
2Authorising provisions
These Regulations are made under sections 22(1A) and 66 of the Freedom of Information Act 1982.
3Commencement
These Regulations come into operation on 1 June 2025.
4Revocation
The Freedom of Information (Access Charges) Regulations 2014[1] are revoked.
5Definitions
In these Regulations—
agency includes a Minister;
the Act means the Freedom of Information Act 1982.
6Charges
An applicant who has made a request in accordance with section 17 of the Act is liable to pay a charge set out in or calculated in accordance with Schedule 1.
Note
This charge is in addition to the fee payable under section 17(2A) of the Act.
7Charges for access to document in alternative form
(1)This regulation applies if—
(a)access to a document to which a request relates may be provided in more than one form; and
(b)the applicant has not requested access to the document in a particular form; and
(c)the charge calculated in accordance with these Regulations for access to the document in the form given by the agency exceeds the charge calculated in accordance with these Regulations for access to the document in another form in which access could reasonably have been given.
(2)The charge payable by the applicant is to be calculated in accordance with these Regulations for access to the document in the form that could have been given for the lowest reasonable cost.
8Notice of charge
For the purposes of section 22(3) of the Act, the prescribed greater amount is $70.
9Calculation of deposit
For the purposes of section 22(4) of the Act, the deposit the applicant will be required to pay is—
(a)if the amount of the charge does not exceed $100—$25; or
(b)if the amount of the charge exceeds
$100—50% of the charge.
SCHEDULE 1
Regulation 6
| Item No. | Service charged for | Charge |
| 1. | Charge for search time If the request relates to a document other than a document to which a charge under item 7 applies—a charge in respect of the search time. | 1·5 fee units per hour or part of an hour. |
| 2. | Charge for supervision If access to the document to which the request relates is given— (a) in the form of an opportunity to inspect the document under the supervision of an officer; or (b) in the case of a document that is an article or thing from which sound or visual images are capable of being produced—in the form of arrangements for the applicant to hear or view those sounds or visual images under the supervision of an officer— a charge in respect of the supervision time. | 1·5 fee units per hour (to be calculated per quarter hour or part of a quarter hour). |
| 3. | Charge for providing black and white A4 photocopy If access to the document to which the request relates is given in the form of provision of a hard copy black and white A4 photocopy of the document—a charge in respect of providing the photocopy to the applicant. | 20 cents per A4 page. |
| 4. | Charge for providing copy of document other than black and white A4 photocopy If access to the document to which the request relates is given in the form of provision of a copy of the document (other than a hard copy black and white A4 photocopy)—a charge in respect of providing the copy to the applicant. | The reasonable costs incurred by the agency in providing the copy. |
| 5. | Charge for arrangements to hear or view sound or visual image If— (a) the request relates to a document which is an article or thing from which sounds or visual images are capable of being produced; and (b) access is given in the form of arrangements to hear or view those sounds or visual images— a charge in respect of the arrangements to hear or view those sounds or visual images in addition to a charge in respect of the supervision time under item 2. | The reasonable costs incurred by the agency in making the arrangements. |
| 6. | Charge for providing written transcript If— (a) the request relates to a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form; and (b) access is given in the form of the provision of a written transcript (with or without deletions) of the words recorded or contained in the document— a charge in respect of providing the written transcript. | The reasonable costs incurred by the agency in providing the written transcript. |
| 7. | Charge for providing written document If the request is in respect of information that is not available in discrete form in documents of the agency and the agency produces a written document by— | The reasonable costs incurred by the agency in providing the written document. |
| (a) using a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or (b) making a transcript from a sound recording held in the agency— a charge in respect of providing the written document. Note See section 19 of the Act. | ||
| 8. | Charge for costs of agency providing explanation of health information If— (a) the request is in respect of a document containing health information; and (b) the form of access given includes an explanation of the health information by the agency (being a suitably qualified health service provider)— a charge in relation to providing the explanation. | The reasonable costs incurred by the agency in providing the explanation calculated by reference to the time taken to provide the explanation, not exceeding the lesser of— (a) 1·9 fee units per quarter hour (or part of a quarter hour); or (b) 6 fee units. |
| 9. | Charge for costs of suitably qualified health service provider (not being the agency) providing explanation of health information If— (a) the request is in respect of a document containing health information; and (b) the form of access given includes an explanation of the health information by a suitably qualified health service provider (not being the agency)— a charge in relation to providing the explanation. | The usual fee of the suitably qualified health service provider for a consultation of a comparable duration. |
| 10. | Charge for providing summary of health information If— (a) the request is in respect of a document containing health information; and (b) access is given by providing an accurate summary of the health information; and (c) that summary does not exist before the request is made— a charge in relation to providing the summary. | The reasonable costs incurred by the agency in preparing the summary calculated by reference to the time taken to prepare the summary, not exceeding the lesser of— (a) 1·9 fee units per quarter hour (or part of a quarter hour) spent in preparing the summary; or (b) 6 fee units. |
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Freedom of Information (Access Charges) Regulations 2025, S.R. No. 32/2025 were made on 27 May 2025 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under sections 22(1A) and 66 of the Freedom of Information Act 1982, No. 9859/1982 and came into operation on 1 June 2025: regulation 3.
The Freedom of Information (Access Charges) Regulations 2025 will sunset 10 years after the day of making on 27 May 2035 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Freedom of Information (Access Charges) Regulations 2025 by statutory rules, subordinate instruments and Acts.
3 Explanatory details
[1] Reg. 4: S.R. No. 49/2014 as extended in operation by S.R. No. 37/2024.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2024 is $16.33 and for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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