Radical Changes to FOI for Councils in Victoria

RADICAL CHANGES TO COUNCIL EXEMPTIONS

From 1 May 2020 changes were introduced significantly affecting how the Freedom of Information Act 1982 (Vic) ("FOI Act") will be applied by local councils.  

Those changes were effected by the introduction of the new Local Government Act 2020 (Vic) ("LGAct").

Two of the main changes were:

1. Removal of s 38A of the FOI Act.  That means that from 1 May 2020 agencies cannot claim the exemption that previously existed in relation to documents associated with closed council meetings.
2. Introduction of an offence provision prohibiting disclosure of "confidential information", potentially triggering the exemption in s 38 of the FOI Act.

The offence provision which was introduced is s 125 of the LGAct.  It prohibits disclosure of information that is known, or should reasonably be known, to be "confidential information".  The penalty for doing so is up to 120 penalty units.

Section 3(1) of the LGA then defines what is "confidential information".  In that definition there are many different classes of information listed, which are further defined, that fall within the definition including:

• Council business information
• security information
• land use planning information
• law enforcement information
• legal privileged information
• personal information
• private commercial information

So whilst at first glance it appears that one exemption is removed, it also appears that the range of information which could be exempt may have been broadened.

We would love to hear your views about the potential impact of these provisions.  See our Linked In post or contact us here.