the solution

From the Executive Director

Professional Standards - a wake-up call for agencies

The legally binding Professional Standards made by the Victorian Information Commissioner commence on 2 December 2019.

 

They are an important development which should not be underestimated in their effect.  They are in a legislative instrument and have effect as law.

 

One of the things they emphasise is the need for an agency to be properly resourced, have proper procedures in place, and anything else reasonably necessary for it to carry out its statutory FOI obligations in an effective and efficient manner (Standard 9.1). 

 

The obligation to ensure this happens falls on the principal officer of the agency.  In our experience, many agencies are still unclear or wrong in their belief as to who their principal officer is.  It is essential that this be clarified and understood as it is crucially important because they:

  • are responsible for ensuring compliance with the FOI Act and Standards;
  • are responsible for ensuring agency decision-makers have authority to made decisions;
  • will be contacted by the Information Commissioner if there are any reviews sought or complaints made.

Another important obligation on principal officers which is of wider impact on agencies as a whole is that principal officers MUST ensure that:

  • ALL OFFICERS of an agency are informed about the agency's statutory obligations under the FOI Act (Standard 9.4); and
  • ALL OFFICERS are aware they have a duty to assist and co-operate with officers who process requests under the Act (Standard 9.5).

This obligation might be satisfied in a number of ways including a combination of one or more of the following:

  • internal policies available to ALL officers explaining the agency's obligations under the FOI Act (including information which will enable officers to carry out their functions across the agency - Standard 9.1(c));
  • information sheets for ALL officers;
  • internal training sessions for ALL officers .

It is important to understand that the reference in the Standards to "officer" is the same as in the FOI Act and extends to:

  • members of the governing body (eg board members, council members, etc);
  • all levels of management
  • all staff members
  • "any person employed by or for the agency" (eg external contractors and advisers)

Should your agency require assistance in achieving compliance with these Standards, please do not hesitate to contact us. 

Best wishes for the festive season

As this will be our last newsletter for 2019, I would like to take this opportunity to wish you a very happy, restful and safe festive season as we move towards the "year of perfect vision" (2020 - I know it is a corny "Dad" joke, but I am qualified).

 

PS  Keep a look out for our new website which will be launching soon.