REGULATORY NEWS
The Victorian Government has appointed Lynne Bertolini to be the state's new Freedom of Information (FOI) Commissioner. Ms Bertolini is a senior Victorian public servant who was formerly involved in gambling regulation in Victoria and Canada.
Amendments to the Freedom of Information Act 1982 (Vic) (FOI Act) that come into force on 1 December 2012 give the Commissioner powers to:
- Review most original decisions by agencies under the FOI Act and make fresh decisions
- Refer decisions back to agencies for reconsideration
- Facilitate negotiated agreements between the parties in disputes about agency decisions
- Assist the Victorian Civil and Administrative Tribunal in its review of decisions
- Monitor agency compliance with the FOI Act and any prescribed 'professional standards'
- Investigate and conciliate complaints about an agency's or Minister's performance of their FOI obligations
- Make recommendations to agencies and Ministers about their compliance with the FOI Act.
Notably, the Commissioner cannot review:
- Decisions by Principal Officers or Ministers
- Exemptions claimed under section 28 (Cabinet documents) or section 29A (security information).
Agencies can also appeal a fresh decision made on review by the Commissioner to release documents.
The Commissioner will be overseen by the Accountability and Oversight Committee of Parliament.
Are you ready for when the Commissioner calls? Our checklist will help you prepare for Victoria's new FOI regime.
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