Demand for struggling Victorian FOI laws to be rebuilt

Victoria’s 40-year-old FOI regime is struggling to meet the needs of modern democracy, Tim Read says (James Ross/AAP PHOTOS)

Victoria’s Freedom of Information laws are struggling to meet the needs of a modern democracy and must be entirely rebuilt from the ground up, according to a parliamentary probe.

The probe released on Monday revealed Victorians are forced to wait up to a year to access their own medical records or other personal information from what's been described as an "impenetrable" 40-year old system.

"Victoria’s first-generation FOI legislation cannot be repaired, or even renovated ... the legislation needs to be rebuilt from the ground up," the report stated.

Many government agencies take a "defensive approach" and purposely release as little information as possible, Integrity and Oversight Committee Chair Tim Read said.

"Victoria’s 40-year-old Freedom of Information (FOI) regime is struggling to meet the needs of our modern democracy," he wrote in the report.

More than two-thirds of the 48,000 requests for information each year relate to individuals wanting information about themselves.

Dr Read said delays, complexity, high fees, public records in a poor state and an unhelpful culture contributed to the current system's reputation for being impenetrable.

"At least one witness used the term ‘Freedom from Information’ to describe Victoria’s regime," he added.

The parliamentary committee made 101 recommendations including replacing existing legislation with an entirely new 'Right to Information' law, widening the scope from 'documents' to all information in the digital age and a presumption that requested details will be released.

It also called to abolish fees related to requests for personal information and limiting other charges.

Cabinet documents proved to be a major source of debate, with the committee deciding to keep them largely exempt for reasons including confidentiality.

Experts repeatedly called for a new culture of transparency in the public sector and Dr Read stressed political leaders and senior department figures will be instrumental to ensure this actually happens.

The inquiry received 69 submissions including from a body that deals with FOI requests, which was among many calling for a complete overhaul.

In 2022/23 it cost government agencies more than $21.3 million to administer the FOI Act but it collected just over $2 million in fees and access charges.

Premier Jacinta Allan said the government had substantially strengthened FOI requirements in recent years and would consider the report's recommendations.

"This report has just been tabled, the government will consider it and provide its response in the usual way," she said.

License this article

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store