Posted 3/3/08
Media Release sourced from: the Premier Of Victoria Newsroom News Archive http://www.premier.vic.gov.au/newsroom/news_item_archive.asp?id=1183
BRUMBY GOVERNMENT INTRODUCES FOI REFORMS - 20 November 2007
Freedom of Information applications will be free to lodge under reforms introduced in State Parliament today by the Brumby Government to make access to Government information easier.
Premier John Brumby said the changes would dramatically increase the information freely provided on the internet about Government functions.
“The FOI Act was written long before the internet was a daily part of modern life. These reforms will bring Freedom of Information laws into the 21st century and result in easier, cheaper access to a lot more information,” he said.
Under legislation introduced into Parliament today the Brumby Government will also:
Require departments and agencies to provide certain information on the internet which must be regularly updated;
Give agencies discretion to waive access charges of less than $11. These charges cover the cost of processing applications;
Abolish conclusive certificates for Cabinet documents leaving VCAT and the courts to decide whether a document is clearly a Cabinet document – rather than a departmental secretary. Conclusive certificates will be retained in cases of national security; and
Allow up to an extra 30 days for FoI responses to facilitate consultation with individuals, businesses and agencies. This is in line with the Ombudsman’s recommendation that agencies should have sufficient time to consult with third parties given the importance of balancing their rights with the rights of FoI applicants.
“Victoria will be the only mainland state to have abolished FoI application fees under these reforms,” Mr Brumby said.
“This Government has restored and improved public access to information following the Kennett Government era.
“Victoria has the one of the most accessible FoI schemes in the country, with 97 per cent of requests granted either in part or in full.
“These reforms deliver on the Ombudsman’s recommendations in his report on FoI. And they go one step further to put the ‘free’ back in Freedom of Information by abolishing the $22 application fee introduced by the Kennett Government.”
Application fees will be abolished from 1 July, with other FoI reforms rolled out from next year.
Deputy Premier and Attorney-General Rob Hulls will develop and issue guidelines on what information must be published on the internet by departments and agencies, which will have to be regularly reviewed and updated.
“By providing more information on the internet, the Government hopes to reduce the need for people to seek information via FoI,” Mr Hulls said.
The Government has already committed to providing frequently requested data, such as Ministerial international travel, on the internet.
Mr Hulls said the abolition of conclusive certificates would ensure that future governments could not automatically exempt cabinet documents from FOI through the use of those certificates.
“This doesn’t change the definition of what is a cabinet document, but ensures that an independent umpire has the final say on whether a document sought under FOI is exempt or not,” he said.
Mr Hulls said the legislation would also expand the lodgement of online FoI applications. Approximately 9 per cent of all applications are made over the internet to the 10 Victorian Government departments and to Victoria Police – the only agency to participate in FoI online.
“The changes will encourage about 25 more agencies, such as hospitals and large statutory authorities, to accept applications through the FoI online website: www.foi.vic.gov.au,” he said.
“Lodging FoI applications over the internet will make the process easier and faster, reducing the amount of time involved in paperwork.”
The legislation will also implement another key recommendation of the Ombudsman by enabling VCAT to declare an FoI applicant vexatious so further applications by that person can only be made with the permission of VCAT.
“This will stop prisoners, for example, making questionable FoI requests for no apparent purpose other than whiling away their time in jail and abusing the FoI regime,” Mr Hulls said.
“The legislation will ensure that once a person has been declared vexatious by VCAT, they will not be able to make any further FoI requests without leave of VCAT.”
Mr Hulls said the Government was committed to strengthening accountability by making more information available to the public.
“Victoria is already a leading Australian state in terms of the number of FoI requests received each year and the percentage of documents that are released,” Mr Hulls said.
“We have boosted access to FoI – requests have increased by 50 per cent since this Government came to office, while in 2005-06, there were more than 20,000 applications in Victoria for the fourth consecutive year.
“More Victorians than ever before are making use of the FoI Act and these reforms will build on our achievements in this area.”