Committee finds FOI laws need an overhaul

Victoria receives more Freedom of Information (FOI) requests than any other state or territory. In 2022/23, close to 50,000 formal requests were made. But many of them are unnecessary, according to a report from the Victorian Parliament’s Integrity and Oversight Committee.

‘Our current FOI system is broken,’ said Committee Chair Dr Tim Read.

‘It's unable to cope with the volume of requests for information, so we need a system that will push more information out.’

Victoria has a first-generation FOI system that requires users to ‘pull’ information out of agencies through formal requests.

“ ‘Our inquiry heard reports of long delays, unacceptably high fees and the poor state of public records, meaning that information sometimes couldn't even be found.’ ”

Dr Tim Read, Chair Integrity and Oversight Committee

Instead, the report recommends, Victoria should replace its FOI laws with a more modern ‘right to information’ law found in some other states. It recommends the Victorian Government introduce a third-generation ‘push’ FOI system, which prioritises the proactive and informal release of government and public sector information.

‘Our inquiry heard reports of long delays, unacceptably high fees and the poor state of public records, meaning that information sometimes couldn't even be found,’ Dr Read said.

Moving to a ‘push’ model would mean fewer formal FOI requests, helping agencies cope with the volume of requests they are now receiving, according to the report.

More than two-thirds of the requests made under Victoria’s current FOI system come from individuals seeking information about themselves held by nearly a thousand government agencies. The requests can take many months, sometimes up to a year, to be processed. 

‘We've recommended an end to application fees for access to information, and that Victorians shouldn't have to pay for getting their medical records,’ Dr Read said.

The report recommends a presumption favouring disclosure of information with limited exceptions and a new three-part test to apply to almost all those exemptions.

‘First of all, that they need to be protecting a legitimate interest. Secondly, release of the information must cause substantial harm and third that harm needs to outweigh the public interest in releasing the information,’ he said.

The Committee received 69 submissions, held six days of hearings and has made a total of 101 recommendations to improve and modernise Victoria’s FOI system.

The report can be found on the Committee’s website.