As the State prepares for the next election, the Office of the Victorian Information Commissioner (OVIC) is reminding members of the Victorian Public Service how the caretaker period may impact Freedom of Information (FOI) applications.
In a statement, the Office said the caretaker period is due to commence at 6pm on 1 November and would continue until either it became clear that the current Government had been returned, or when a new Government was commissioned.
“During this time, the Guidelines on the Caretaker Conventions may apply FOI applications,” OVIC said.
“The business of Government and public administration continues, and FOI officers should continue to process FOI applications in line with their obligations under the Freedom of Information Act 1982, taking into account the matters outlined in the Guidelines,” it said.
“An Agency may brief its Minister about significant FOI decisions being made by the Agency, subject to the requirements of the relevant engagement protocol.”
OVIC said that where Cabinet in Confidence material was retained by an Agency for the purpose of processing an FOI request, the relevant Departmental team must provide a list of the retained documents to the Cabinet Office in the Department of Premier and Cabinet by 7 November.
It said Departments and Agencies must ensure that all Cabinet in Confidence material is kept in a secure place with authorised access for the purposes of the FOI application only and, once the application was complete and the material no longer required, the Department’s Cabinet or Executive Services team must ensure the Cabinet in Confidence material is destroyed.
“Departmental and Agency staff can contact their Departmental Cabinet or Executive Services team for further advice and guidance,” OVIC said.
It said queries about the caretaker period and the Conventions should be directed to the Office of the General Counsel, Department of Premier and Cabinet at [email protected].
The Commission’s Guidelines on Caretaker Conventions can be accessed at this PS News link.
