Requesting information held by the OPP
Information for community members and lawyers
There are three ways to request information held by the OPP:
- file request
- subpoena
- freedom of information request.
We encourage you to contact us at info@opp.vic.gov.au before serving a subpoena or lodging a freedom of information request. This will allow us to check if we have any relevant material, recall any archived material, discuss what we may be able to provide, and talk to you about any potential issues.
File requests
A file request is made by certain people and organisations for information held by the OPP. The Freedom of Information Act 1982 does not apply to file requests.
The following people and organisations may make a file request:
- Victims or family members of victims.
- Current or former accused persons or their family members.
- Solicitors acting for victims or current or former accused persons.
- Law enforcement or other government agencies.
- Prosecution witnesses.
- Any other person whose rights or liabilities may be affected by the information.
Information the OPP will not provide
Unless otherwise permitted by law, the OPP will not provide any information that:
- remains the property of the court, for example psychiatric reports commissioned by the court
- is personal information within the meaning of the Privacy and Data Protection Act 2014. However the OPP may provide personal information necessary for the purposes of instituting civil proceedings (provided an appropriate undertaking is given by the potential plaintiff’s solicitor).
- is health information within the meaning of the Health Records Act 2001 except as provided for by that Act or any other law
- would breach any legislation or court order if published or released
- could prejudice any current or future court case
- could interfere with an ongoing investigation
- could put the safety of any person at risk
- is subject to legal professional privilege
- could embarrass or cause distress to a victim or a family member of a victim
- is offensive or distressing
- discloses police methodologies
- would require unreasonable editing of materials.
The OPP may require the payment of any reasonable costs associated with providing the information, such as photocopying costs, unless costs are waived.
Where it is reasonably necessary to do so in assessing a file request, the OPP may consult with any relevant person or body about the information requested. Your name and a brief description of your request will be provided to any person or body with whom we consider it appropriate to consult with.
How to make a file request
Please send your file request to info@opp.vic.gov.au or by post to:
The Manager
Policy and Specialised Legal Division
Office of Public Prosecutions
565 Lonsdale Street
Melbourne VIC 3000
Subpoenas
Subpoenas to produce documents should be addressed to The Proper Officer at info@opp.vic.gov.au or by post to:
The Proper Officer
Policy and Specialised Legal Division
Office of Public Prosecutions
565 Lonsdale Street
Melbourne VIC 3000
Freedom of Information Requests
Any person can make a request under the Freedom of Information Act 1982 (an FOI request) for:
- access to documents the OPP holds about your personal affairs and the OPP’s activities
- the amendment or removal of incorrect or misleading information about you held by the OPP.
Cost of making an FOI request
An FOI request is subject to a $31.80 application fee. You can claim a waiver of this fee if it would cause you financial hardship and evidence of financial hardship must be included with your FOI request. You may also be subject to access charges where documents are provided to you, which include a $23.85 search fee.
How to make an FOI request
An FOI request should be made online https://online.foi.vic.gov.au/. This is the most efficient method of lodging a request.
If you would like to submit a hardcopy request, you can make an FOI by post to:
The FOI Officer
Office of Public Prosecutions
565 Lonsdale Street
Melbourne VIC 3000
The FOI request must:
- clearly describe the documents you are requesting access to
- include payment of $31.80 or evidence of financial hardship if a fee waiver or reduction is sought.
Exempt documents
The OPP can refuse access to certain documents. These are called exempt documents. Click here for a list of exempt documents.
Freedom of Information Statement
Under Part II of the Freedom of Information Act 1982, the OPP is required to publish certain statements in respect of its functions and processes. Click here for more information about the FOI process at the OPP.