Important Update

Report on FOI Act review published by Parliamentary Committee

The Integrity and Oversight Committee of the Victorian Parliament has released its long-awaited final report on the operation of the Victorian FOI Act.

 

As anticipated, the report has made 101 recommendations ranging from suggesting a full scrapping of the FOI Act and replacement with a proactive release model in a new Right to Information Act, through to greater protection for FOI decision-makers making good faith disclosure of information.

 

It is now a matter of awaiting the Government’s response to see if the recommendations will be implemented.  If so, it will result in a dramatic shift in Victoria towards release of information more in line with current practice in other Australian jurisdictions and internationally.

The recommendations are made under the broad headings of:

  1. Proactive and informal release of information (51 recommendations)
  2. Efficiency (50 recommendations)

Some of the recommendations include:

  • replacing the current FOI Act with a “third generation push FOI system” in the form of a Right to Information Act
  • moving away from emphasis on “documents” to focusing on “information” to be more appropriate for the digital age and to be more technologically neutral
  • much more limited reasons for an agency to refuse access to information, with a presumption in favour of disclosure
  • introducing a new three part test creating a narrow list of protected interests justifying non-disclosure, permitting refusal of access only where disclosure would cause substantial harm to a protected interest, and allowing a public interest override where benefits of disclosure would outweigh the harm from disclosure
  • introducing 4 mechanisms encouraging proactive release of information
  • requiring information of significant public interest (to be defined) to be released
  • removing application fees and limiting access charges – with no charge for individual’s own personal or health information
  • introducing disclosure logs, other proactive disclosure on websites and an information asset register to be published
  • proposed introduction of a whole of government information management framework
  • mandatory training and education programs
  • dovetailing the new push system with public records requirements, including compliance monitoring and enforcement by the public records office
  • enhancing the powers of the Information Commissioner and Public Access Deputy Commissioner
  • requiring requests to be acknowledged in a prescribed manner within 5 business days
  • allowing partial transfers to other agencies
  • maintain revised ways to refuse to deal with request (eg repeated, voluminous, etc)
  • extend the time for agencies to seek review of OVIC decisions from 14 to 30 days
  • allowing OVIC to make a vexatious FOI applicant declaration on application by an agency
  • give OVIC power to make binding recommendations on complaints
  • give OVIC power to make binding guidelines to which regard must be had by agencies
  • introduce offence provisions for concealing information, obstructing access, improperly influencing an FOI decision maker to decide contrary to the Act, etc
  • introduce Commissioner review of access charges decisions (presently confined to VCAT)
  • move the right to amend personal information into the Privacy and Data Protection Act 2014

We look forward to seeing what eventuates from this review moving toward what is likely to be an exciting and challenging environment if legislation effecting these recommendations is introduced.

 

If you want to read the 298 page report it is available here.

 

If you have any queries about how this may affect your agency, please do not hesitate to contact us.

 

Mick Batskos

Executive Director