There are different ways you can access Bendigo Kangan Institute (BKI) information depending on the types of information and documents you are seeking. This page explains how you can access information through informal and formal processes under Victorian right to information and privacy laws and through court processes such as subpoenas and warrants.
Right to information at BKI
BKI is a prescribed authority under the Victorian Freedom of Information Act 1982 (Vic) (FOI Act) which gives individuals the right to access documents of an agency, subject to some specified exemptions.
BKI is committed to making information about BKI and documents held by BKI readily available to the public via our website, through information request processes and via FOI (Freedom of Information) Act processes,
BKI has staff who can consider your requests to make it easier for you to gain access to information. It is not always necessary to make a formal FOI request to access information.
Common requests – Current and Past Students
Current and past students can make routine requests to access information about them without the need to make an FOI request. Common requests that can made directly to the Registrar at registrar@kangan.edu.au include:
Contacts for different types of information
To make a request for access to information that is not included above, contact information@bendigokangan.edu.au. We will then provide you with advice on accessing the information you seek outside of the FOI Act. We will also be able to provide you with information about the FOI request process, if relevant to your request.
Media requests
Members of the media should approach our External Communications Manager, via mediaenquiries@bendigotafe.edu.au as the first point of contact for media requests.
Access to personal information
Under the Privacy and Data Protection Act, students and staff have the right to request access to and correction of their personal information. Current students and staff can access certain information, including personal information BKI holds about them via the following pathways.
Students
Students can access information by contacting Student Support Services StudentSupportServices@bendigotafe.edu.au
Staff
Staff can request access to personal information via BKI’s People Hub or contacting People Culture and Strategy on peopleoperations@kangan.edu.au
Past students and past staff access to personal information
Past students who do not have an active account can request copies of academic records, evidence of enrolment, qualifications etc. by contacting info@bendigotafe.edu.au
Requests by third parties for information about past or current students
Requests should be made to Customer Enquiries info@bendigotafe.edu.au
Requests for documents / information held by BKI relating to a past or current student should be made wherever possible by the student rather than through third parties.
However, we understand in some instances third parties wish to obtain verification of qualifications or education credentials of a BKI current or past student.
BKI can only provide information within a student’s record to a third party where the following is received, as per BKI’s Privacy and Freedom of Information Policy
Before disclosing any information, BKI must be satisfied as to:
If there is any uncertainty about a request for information, BKI staff will contact the Governance, Risk, Legal and Compliance team on information@bendigokangan.edu.au for advice and support.
Request for health and medical records
Access requests for health and medical information held by BKI are handled under the FOI Act and the Health Records Act 2001.
Requests for health or medical information held by BKI’s Student Support Services should be made by contacting StudentSupportServices@bendigotafe.edu.au or the relevant counselling / health service provider directly.
Requests made on behalf of another person must be made in writing and include evidence of their authority to act on behalf of the other person.
You can also make your request to access or correct of your health records via a formal FOI application.
Subpoenas and witness summonses
BKI is sometimes served with subpoenas, witness summonses and other similar court issued notices which require the production of documents to the Court.
Providing information to a court or tribunal in compliance with a subpoena or summons is an exemption under privacy legislation — Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic). There are some limited circumstances in which a court may not enforce compliance with a subpoena or summons or be comfortable with the production of redacted documents. For these requests, staff can receive advice and assistance in relation to this by contacting legal@kangan.edu.au.
There are strict time limits for compliance, so it is important to obtain advice from BKI’s Governance, Risk, Legal and Compliance Team via legal@kangan.edu.au as soon as possible after staff have received the subpoena or summons.
Freedom of information
The FOI Act gives any person the right to:
Under the FOI Act you can request:
While you have the right to request any document we hold, we can refuse access to some documents, or parts of documents, in line with exemptions or exceptions permitted by the FOI Act. Fees and charges may apply to a request for access made under the FOI Act.
A person does not have the right to obtain, under the FOI Act, publications or documents which are sold by BKI, documents held by Public Record Office Victoria, or documents that are readily available to the public.
We encourage you to contact information@bendigokangan.edu.au in the first instance to assist you.
Under Privacy and Data Protection Act 2014, the Institute is required to provide the following statements:
· Statement 1 – information about the Institute and its functions
· Statement 2 – information about categories (types) of information that the Institute holds
· Statement 3 – information about the Institute’s freedom of information arrangements
· Statement 4 – information about Institute publications
· Statement 5 – information about Institute policies and procedures
· Statement 6 – information about reports and other publications.
The Institute’s statements are included below.
Statement 1 - The organisation and functions of the Institute
Bendigo Kangan Institute is a body corporate established by the Education and Training Reform Act, 2006 (Vic).
The Institute’s functions as provided in the Act are to perform its functions for the public benefit, including by:
BKI has numerous teaching delivery areas to provide the teaching functions of the Institute.
BKI is governed by a Board, which is assisted by Board committees and is supported by the Chief Executive Officer and a group of Executive Directors.
Statement 2 - Categories of documents
Bendigo Kangan Institute maintains documents in four main categories and uses a variety of business systems and a dedicated records management system to create, store and manage these documents. Documents are held subject to BKI’s retention requirements. The main categories of documents maintained by the Institute are:
Student Management documents
Documents which relate to individual students including but not limited to enrolment and re-enrolment applications, academic progress, student grievances complaints and misconduct, prizes and scholarships, graduations, and completions of study, including withdrawals and transfers of study credits, all of which are held subject to BKI’s retention obligations and constraints under applicable legislation.
Teaching and Learning documents
Documents which relate to curriculum development, accreditation, approval and delivery for all courses, programs, subjects, modules, and units delivered by BKI.
This category includes:
if the above documents are held subject to BKI’s retention obligations and constraints under the Public Records Act 1973 (Vic) and other applicable legislation.
Student Support and Engagement documents
Documents which relate to student support and engagement services provided by the Institute to individual students, including counselling, financial education, careers support, Koorie liaison, retention/early intervention activity, equitable learning and disability support and complaints. Student Support also retain records of students who attend workshops and events including wellbeing, education, social, engagement and feedback activities.
Governance and administrative documents
Documents which relate to the management and administration of BKI including but not limited to employment and personnel records; information, communication, and records management; property, vehicle fleet and asset management; financial and contract management; work, health & occupational safety, and industrial relations; government and community relationships; organisational governance, strategic planning and policy development and implementation.
If a document or information is exempt or contains exempt information, it may not be released by BKI. Whether a document or information is exempt will always depend on the particular facts and circumstances of the matter. For more information on exempt documents and information please see our Privacy and Freedom of Information Policy.
Statement 3 - Freedom of information arrangements
How do I submit a request to access documents under the FOI Act?
You can make a request for access to documents held by the Institute under the provisions of the Freedom of Information Act 1982 (Vic). You can do this by contacting BKI on information@bendigokangan.edu.au and your request will be considered by BKI’s Governance, Risk, Legal and Compliance team.
In some instances, you may be able to obtain personal information relating to yourself under the Privacy and Data Protection Act 2014 (Vic) without needing to make a formal FOI request. You still need to send in your request to information@bendigokangan.edu.au and if this is the case, you will be notified by BKI’s Governance, Risk, Legal and Compliance team and any application fees will be waived in this instance.
To make a valid request under the Act, your request must:
If your request is not sufficiently clear to enable us to conduct a search for the requested documents, you will be contacted to clarify the details of your request.
Fee and access charges
The application fee is determined in accordance with the Freedom of Information (Access Charges) Regulations 2014 and is $31.80. In accordance with the regulations, this fee increases on 1 July each year.
In addition to the application fee, the Institute may charge fees for access to documents in accordance with the Freedom of Information (Access Charges) Regulations 2014. The access charges will vary for each request and may include, for example, charges for time spent searching for documents, charges per page for providing documents in hard copy format or charges for supervised inspection.
Freedom of Information application fees can be reduced on the grounds of hardship, Section 17, 2B, of the Freedom of Information Act.
How do I pay the application fee?
The application fee can be paid via by bank cheque, money order, bank transfer, credit card or cash.
Seeking fee waiver
In accordance with section 17(2B) of the Act, the Institute may waive the application fee if payment of the fee would cause the applicant hardship. If you feel that this applies to you, please state your reasons in writing via email to information@bendigokangan.edu.au
You can also do this as part of your application by providing any evidence you believe supports your claim, for example a valid Healthcare Card. You will be notified whether your hardship claim has been accepted.
Each application is reviewed on a case-by-case basis, and we may apply discretion in waiving the application fee if the request is for information about the applicant.
How long does it take to process a request?
The timeframe for processing Freedom of Information requests is 30 days, unless:
a) consultation occurs under ss 29, 29A, 31, 31A, 33, 34 or 35 of the FOI Act (the processing time can be extended by up to 15 days); or
b) the applicant has consented to an extension of time (the processing time can be extended by no more than 30 days).
The timeframe can be extended beyond 30 days if you provide your consent.
In some instances, the timeframe may also be impacted by other legislative provisions. If it becomes apparent during the processing of your request that this applies, you will be notified. You can contact us at any time for an update on your request.
Please note that in cases where the Institute requests a deposit from you for access charges, an additional cost to the application fee for the processing of large volumes of documents, the 30-day time limit ceases from the time the deposit is requested and then restarts from the time when the deposit is received. In such cases you will be notified of the revised date by which the decision is due.
What documents may be accessed under the FOI Act?
The FOI Act covers documents in the possession of the Institute whether created by the Institute or received by the Institute. It includes documents held in files, or records of the Institute, or held by an individual for the purpose of discharging his/her duties.
Examples of documents that may be accessed under the FOI Act include emails, reports, meeting agendas and minutes, contracts/agreements, books, maps, plans, drawings, audio-visual media and photographs.
The right of access established by the FOI Act does not extend to:
What documents may be exempt?
Certain documents are exempt from release, as specified in Part IV of the FOI Act. Examples of exempt documents include:
Exemptions are considered on a case-by-case basis.
Statement 4 - Publications
BKI publishes a wide range of material related to its governance and organisation. This information includes:
Statement 5 – Policies and processes
BKI has published several policies and processes which are publicly available at https://www.bendigotafe.edu.au/bendigo-tafe-policies---procedures
Statement 6 – Reports and publications
The full range of publications are available at https://www.bendigotafe.edu.au/news-and-resources/publications/publications