26 September 2023

Commissioner condemns FOI delays

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Ongoing delays in responses to Freedom of Information (FOI) requests are unacceptable according to the Victorian Information Commissioner, Sven Bluemmel.

Information Commissioner Bluemmel said his report Impediments to timely FOI and information release provided an update to his earlier investigation, Impediments to timely FOI and information release, which was tabled on 1 September last year.

Mr Bluemmel said the level of delay experienced by many Victorians seeking access to Government information had become worse in the past 12 months.

“Under the Freedom of Information Act 1982, Agencies must respond to an FOI request in 30 to 45 days,” Mr Bluemmel said.

He said that as an example, his report shows that Victoria Police’s FOI backlog has grown significantly with people often waiting six months for a response to their FOI request.

“This is an unacceptable level of delay and deprives Victorians of an important right,” Mr Bluemmel said

He said his investigation examined the extent and causes of delay at Victoria Police, the Department of Justice and Community Safety (DJCS), the Department of Transport (DOT), Frankston City Council and Alfred Health.

He found that considerable delays on FOI decisions still existed at Victoria Police, DJCS and DOT.

“When people make an FOI request, their need is often time critical,” the Commissioner said.

“They might need information to help them make an important choice, to use in a legal matter or criminal defence, or to support advocacy to government before it makes a decision.”

He said that in 2021-22, Victorians made 43,978 FOI requests to Victorian Government Agencies and Ministers – an all-time record for FOI requests made in a single year, in any Australian jurisdiction.

Mr Bluemmel made 16 recommendations to the five Agencies, and also recommended that a public, consultative, and wide-ranging review of the FOI Act be carried out.

“While Victoria was the first state in Australia to introduce FOI laws, the FOI Act has not been substantially reviewed since 1982,” he said.

“This Report highlights why now, more than ever, reform of the FOI Act is needed to once again make Victoria a leader in transparency.”

The Commissioners 74-page Report can be accessed at this PS News link.

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