Office of the Victorian Information Commissioner (‘OVIC’) is Victoria’s regulator for information rights. It oversees how Victorian government agencies and Ministers handle Freedom of Information (FOI) requests, privacy, and data security. It can review FOI decisions and investigate complaints about mishandling of personal information.
What types of complaints can you make?
OVIC handles complaints about:
- Delays in FOI requests: When agencies take longer than 30 days without telling you about an extension.
- FOI refusal or poor searches: When you’re told documents don’t exist, but you believe they weren’t properly searched for.
- Failure to follow FOI professional standards: Agencies must help you make valid requests and respond properly.
- Excessive or unfair FOI charges: If fees are too high or hardship requests are ignored.
- Refusal to amend personal records: When corrections are wrongly denied or delayed.
- Privacy breaches: When your personal information is mishandled, shared, or collected improperly.
- Breach of protective data security: When government agencies don’t protect sensitive data.
- Breach of law enforcement data security: Misuse or mishandling of police or corrections data.
- Misuse of information: When your details are used for another purpose without consent.
- Systemic privacy breaches: Repeated mishandling of personal information.
- Lack of transparency: When you aren’t told why your data is being collected or how it will be used.
Jurisdiction:
OVIC hears complaints about Victorian public sector agencies, statutory authorities, local councils, Ministers, TAFEs, and public universities.
Time Limits:
- FOI reviews: Apply within 28 days of receiving the decision. OVIC may allow late applications if the delay was the agency’s fault.
- Privacy complaints: Lodge within 60 days of the issue. Late complaints may be accepted if caused by the agency.
OVIC will not deal with complaints about:
- Federal agencies (e.g. ATO, Centrelink, Medicare).
- Private businesses (banks, telecommunication, real estate).
- Other states or territories.
- Health/medical privacy issues.
- Police misconduct or corruption.
- Court or tribunal decisions.
- Ministers carrying out official duties.
- Matters involving national security or defence.
Who can you make a complaint against?
You can make a complaint against:
- Victorian government departments and agencies.
- Local councils.
- TAFEs and public universities.
- Public bodies like Environmental Protection Authority, Victorian Building Authority, Victorian Equal Opportunity and Human Rights Commission, State Revenue Office, Victorian Electoral Commission, Emergency Management Victoria, Victorian Institute of Forensic Medicine.
- Department of Families, Fairness and Housing (DFFH) funded community service providers.
- Ministers of the Victorian Government.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to OVIC.
Before you lodge a complaint:
Before reaching out to OVIC, Check whether OVIC has jurisdiction, and try resolving the issue with the agency or Minister first.
Can you report an issue on behalf of someone?
Yes, you can complain on behalf of someone else, but you may need their consent for OVIC to share details with you.
Additional Information:
The OVIC complaints process is free, you don’t need a lawyer, but you can seek legal advice. Interpreters and accessibility support are available.
What can this body do to help?
This body may:
- Make enquiries: OVIC will contact the agency or Minister to get copies of the documents, correspondence, and explanations behind their decision.
- Hear your side: You will also have a chance to provide information or explain why you think the decision was wrong.
- Try informal resolution: OVIC will work with you and the agency to find a practical, quicker solution without too much formality. If an agreement is reached, it will be written down so everyone is clear on the matter.
- Conciliate privacy complaints: If your issue is about privacy, OVIC may arrange a conciliation. This means you and the organisation try to negotiate a solution with the help of an OVIC conciliator.
- Make a formal decision:
- FOI reviews: If the matter can’t be resolved informally, OVIC will issue a formal decision. This might require the agency to release more information, or it might confirm the agency’s original decision. If you’re not happy, you can appeal to VCAT.
- Privacy complaints: If conciliation fails, OVIC may close the complaint. You then have the right to take it to VCAT for a formal ruling.
How to prepare your complaint:
Personal details
Provide your name, email, and phone number.
NOTE: OVIC complaints cannot progress without personal details, so they cannot be lodged anonymously.
Respondent’s Details:
Provide the name of the agency, Minister, or service provider you are complaining about.
Relevant Facts:
Provide details about what happened, whether it happened in the last 60 days, steps you’ve already taken, and what outcome you want, with supporting documents. For FOI decision reviews, include the reference number for the request.
Lodging your complaint and next steps:
Where to lodge:
- Online form via OVIC’s website.
- Email: enquiries@ovic.vic.gov.au or privacy@ovic.vic.gov.au.
Receipt and Acknowledgement:
You will get a reference number and may be asked for more details.
More information:
Refer to the factsheet provided below for more information.
