In recent months we have been receiving orders from VCAT adjourning a multitude of FOI review proceedings to a date to be determined. The reason given is the unavailability of members to hear the matter.

Along the way, we have been able to glean the following information from VCAT during directions hearings and in correspondence:

The review and regulation list at VCAT deals with decisions relating to the regulation of various professions. As they relate to the livelihood of individuals, the VCAT is prioritising its allocation of resources to dealing with such cases in the list.
FOI matters are being adjourned to a date to be fixed - effectively being adjourned indefinitely until the VCAT is in a position to deal with them - at all stages of a proceeding.
Initially such orders were being made just when a matter was listed for hearing in the future, or ready to be listed for hearing, and all preliminary work had been done.
This has now extended to include such adjournment orders being made right at the first directions hearing after a proceeding is commenced.
We understand that exceptions might be made if the Tribunal can be satisfied that an FOI matter is urgent, or there are exceptional circumstances. Otherwise the usual order will be made adjourning the proceeding to a date to be fixed. One exception is that MP cases involving FOI are being treated with priority.
In relation to likely timing of FOI matters resuming, we have been informed most recently that a one day hearing would not be able to be listed before 1 November 2023 at the earliest.

This position may change with the passage of time or possible increase in resources. But what it means in the meantime is that, given the sheer number of cases where such orders have been made, VCAT review proceedings commenced from now one are highly unlikely to come on for hearing before the end of the year.

It also means that there is likely to be a flurry of activity in FOI matters at the Tribunal once the adjourned proceedings come "back on line" and begin to be heard.

If you have any queries about what this means for your agency in relation to any existing proceeding, any OVIC review on foot or potential review of OVIC decisions by your agency, or any current decision-making by your agency, please feel free to contact us.

Important Update

Issue 2/2023 copy · 08 May 2023

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