26 September 2023

Commissioner finds delays foiling FoI

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The Victorian Information Commissioner has called for a wide-ranging review of the State’s freedom of information laws, following an investigation into delay in the disclosure of Government documents.

Information Commissioner, Sven Bluemmel said his own-motion investigation report Impediments to Timely FOI and Information Release, under the Freedom of Information Act (FOI) 1982, examined the extent and causes of delay at Victoria Police, the Department of Justice and Community Safety, the Department of Transport, Alfred Health and Frankston City Council.

“Delay can fundamentally undermine the public’s right to access information,” Mr Bluemmel said.

“The passage of time causes information to lose currency, accuracy, relevance and impact,” he said.

“Between 2015 and 2020, the proportion of FOI decisions made on time in Victoria declined from 95 per cent to 79 per cent.”

Mr Bluemmel said this decline was a concerning trend that must be arrested and reversed.

The Commissioner made 16 recommendations to address the causes of delay which included resourcing issues; process; technology; culture; communication; and the impact of the COVID-19 pandemic.

He also identified areas where the FOI Act itself was contributing to delay and recommended a broad-based review to ensure the Act reflected modern public administration and the digital information environment.

“My investigation has identified a need for the Act to be modernised,” he said.

“A robust FOI system, where decisions are made in a timely manner, increases Government transparency and enhances the long-term health of our democracy.”

Mr Bluemmel said the Act had not been substantially reviewed or reformed since it was passed almost 40 years ago.

The Commissioner’s 74-page Report can be accessed at this PS News link.

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