The Victorian Parliament is undertaking a review of the state’s Freedom of Information (FOI) Act to ensure that government disclosure laws align with modern IT and information management practices. The Office of the Victorian Information Commissioner (OVIC) recommended this inquiry in September 2021, emphasizing the role of technology in its terms of reference and investigation.
The information commissioner, Sven Bluemmel, stated that this inquiry presents a significant opportunity to update the Act and make it suitable for the digital age. The Victorian Integrity and Oversight Committee Inquiry into the Operation of FOI Act will explore ways to enhance information disclosure related to government services using technology. It will also assess the information management practices and procedures necessary across the government to facilitate information access.
The OVIC’s investigation into “impediments to timely FOI and information release” highlighted that several processes and guidelines outlined in Victoria’s FOI Act of 1982 were developed for the paper-based era and need revision. Bluemmel expressed his office’s long-standing advocacy for a comprehensive review of the Act.
The recommendations from OVIC’s 2021 investigation were based on the analysis of how various entities, including Victoria Police, the Department of Justice and Community Safety, the Department of Transport, Alfred Health, and Frankston City Council, managed FOIs. The investigation identified factors such as under-resourcing, culture, communication, and the pandemic’s impact as contributors to processing delays and agencies’ inability to meet legal timeframes for disclosing requested documents.
While technology was not the sole cause of processing delays, OVIC acknowledged its influence, both positive and negative, on FOI processing. The report specifically focused on the different customized case management systems used by agencies to monitor FOI workflows, track statutory timeframes, assign tasks, and generate reports. Despite similar functionality, each agency had its own system to comply with the legislation’s requirements.
In light of this, the commissioner proposed the value of a centralized FOI case management system. OVIC suggested that the Victorian public sector should either develop an FOI case management system that agencies can choose to use or establish a panel of providers offering off-the-shelf FOI management software. It cited the example of New South Wales, where a cloud-based tool is available to all agencies for FOI case management and reporting.
The report highlighted instances where agencies’ FOI case management systems were inadequately automated or failed to align with regulatory processes, forcing FOI officers to resort to manual intervention and time-consuming workarounds. The most common concern was the systems’ failure to reflect changes to processing times or properly account for the FOI Act’s extension of time provisions.
For instance, Alfred Health had to maintain an Excel spreadsheet alongside its case management system to track FOI requests accurately. With approximately 2600 requests per year, this additional spreadsheet created extra work for the FOI officer, requiring an estimated four-to-five hours per week to update.
OVIC also recommended amending the FOI Act to encourage agencies to proactively release more information to applicants outside the FOI process, such as through online self-service systems that provide quicker access to information.
