From Greg Barber, Greens MLC (Victorian Parliament)

Dear Active Citizen

The State Government is moving to punch a massive hole in the State's Freedom of Information laws and we only have two weeks to stop them.  We need you to continue being active and lobby members of parliament, in the next two weeks, to fix this.

New laws now before the Parliament will give the Government the power to apply to VCAT to have someone declared a 'vexatious applicant' and have them banned from making FOI applications.  The test for who is 'vexatious' is wide open.  It could apply to any active citizen, community group, politician or media outlet who regularly lodge FOI applications on the important issues they are pursuing.  

Amazingly, these changes will be supported by the Liberals and Nationals.  So much for the Opposition.

To stop this happening, you must lobby all political parties and this has to happen urgently.  This bill will be voted on in the state upper house in the week beginning February 26th.  Please lobby the Liberals, Nationals, the DLP and the Government, to accept Greens amendments to stop ordinary, active citizens being targetted by this law.  

Government departments regularly complain it's a drain on their resources to respond to FOI requests.  As you can see below, they'll now use that excuse to argue your claim is 'vexatious'.  These changes to the law are just the latest effort to make the FOI Act ineffective.  In the internet age, why can't most information be put online, so that we don't have to ask for it?

If this law gets through as is, we are all under threat.  You or your campaign group will have to think very carefully about what you ask for to avoid being banned.

Please read the background below and send an email, immediately, to the Leaders of the Nationals, Liberals, DLP and the Attorney General.  If this email is the first you have heard of this issue, you might want to send a letter or make a call to a local or state newspaper or radio station also.  And of course forward this email on to others who may be affected or concerned.

We can stop this if we all act in the next two weeks!

Greg Barber, Colleen Hartland, Sue Pennicuik, Greens MLCs in the Victorian Parliament.


BACKGROUND

The relevant sections of the new law say you are a vexatious applicant if:

(a) the person has made repeated applications under this Act in relation to  the agency or agencies or Minister or Ministers; and
(b) the repeated applications involve an abuse of the right of access,  amendment or review under this Act.  
 

Abuse is defined as .....  "  if the repeated applications were made for the purpose or have had the effect of obstructing or otherwise unreasonably  interfering with the operations of the agency or agencies."

In other words, if you do too many applications and it's creating too much work for them, they can have you banned by applying to VCAT. Any current FOIs you have underway will be frozen while this is tested in court.  The Liberals and Nationals oppose the freezing, but support the overall proposal.
 

People to lobby

Liberal:  ted.baillieu@parliament.vic.gov.au
Nationals:  peter.ryan@parliament.vic.gov.au
Attorney General:   rob.hulls@parliament.vic.gov.au
Democratic Labor Party (DLP):  peter.kavanagh@parliament.vic.gov.au

Please also send us an email so that we can update you with developments over the next two weeks:  greg.barber@parliament.vic.gov.au

For a copy of the Bill, go to http://www.legislation.vic.gov.au/ select  Parliamentary Documents, then select Bills.  You will see a link for Freedom of Information Amendment Bill 2007.

For more information, see this excellent Herald Sun editorial
http://www.news.com.au/heraldsun/story/1,9191,23171288-24218,00.html

The Victorian Government Solicitor, before these laws have passed the Parliament, has sent a bulletin to the public service urging them to get ready to use the new laws.   Listen to this:  "The new provisions seek to prevent applicants abusing the FOI system by taking up valuable Tribunal time, wasting public resources and harassing agencies who are required to respond to their repeated and often substantial applications."  http://www.vgso.vic.gov.au/resources/publications/FIP/FreedomofInformationFOIActAmendments.aspx



Greg Barber MLC
State Member of Parliament for Northern Metropolitan
Ph: (03) 9348 2622
Facs:  (03) 9348 2699
Suite G01, 60 Leicester Street Carlton 3053
www.electedgreensvictoria.org.au/