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Annual Report ANNUAL REPORT 2013-14 Authorised and published by the Freedom of Information Commissioner October 2014 © State of Victoria Freedom of Information Commissioner 2014 This publication is Copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. Freedom of Information Commissioner Annual Report 2013-14 ISSN 2202-9761 (Print) Also published on www.foicommissioner.vic.gov.au ISSN 2202-9826 (Online) Printed by Doculink Australia Port Melbourne LETTER OF TRANSMITTAL To: The Honourable the President of the Legislative Council And: The Honourable the Speaker of the Legislative Assembly I am pleased to present the annual report of the Freedom of Information Commissioner for the year ending 30 June 2014 for presentation to Parliament. In accordance with the requirements of section 64 of the Freedom of Information Act 1982, this report contains details for the period 1 July 2013 to 30 June 2014 – > of the performance and exercise of the FOI Commissioner’s functions and powers; and > on the operation of the Freedom of Information Act across the State. Yours sincerely Lynne Bertolini Freedom of Information Commissioner 1 2 FREEDOM OF INFORMATION COMMISSIONER || ANNUAL REPORT 2013-14 CONTENTS COMMISSIONER’S MESSAGE 4 PART 1 – THE COMMISSIONER’S OVERVIEW 7 Who we are 8 What we do 8 Our focus 8 The Annual Report 9 2013-14 Highlights 9 Legislation 11 PART 2 – REPORT ON THE COMMISSIONER’S PERFORMANCE 12 Reviews of agency decisions 14 Complaints investigated 24 Charges certificates under section 50(1)(g) 31 Advice, education and guidance 32 Output results 34 PART 3 – ABOUT THE OFFICE 3. The FOI Commissioner 3/ The staff 3/ Governance 30 PART 4 – REPORT ON OPERATION OF THE FOI ACT IN VICTORIA 41 About FOI 4* Government bodies covered by FOI 4* The statistics in this Part 4* Accuracy of data 4* The past three years 4+ 2013-14 Requests and appeals 4+ Sources of FOI requests 4/ Timeliness of agency decision making 4/ Access decisions 40 Exemptions cited 41 Application fees and access charges-) ‘Top 30’ agencies -) FOI administration 5+ APPENDICES 5. Explanation of appendices 5/ Appendix A – Requests received by agencies 50 Appendix B – Appeals to the Victorian Civil and Administrative Tribunal 8- Appendix C – Exemptions cited 8/ Appendix D – Names and titles of decision makers 10+ Appendix E – Fees and charges 11. 3 COMMISSIONER’S MESSAGE AS I REVIEW THE ACHIEVEMENTS OF MY OFFICE OVER THE PAST 12 MONTHS, IT IS EVIDENT THAT WE HAVE COME A SIGNIFICANT WAY ON OUR JOURNEY TOWARDS AN EFFICIENT AND ROBUST FOI SYSTEM IN VICTORIA THAT TREATS ALL APPLICANTS FAIRLY AND WITH RESPECT. WE HAVE A BETTER UNDERSTANDING OF THE EXPECTATIONS OF STAKEHOLDERS, WHETHER THEY ARE APPLICANTS SEEKING INFORMATION OR AGENCIES IN POSSESSION OF IT. WE MAKE IT OUR BUSINESS TO LEARN FROM AGENCIES WHAT THEIR BUSINESS IS. WE CONTINUE TO LEARN FROM APPLICANTS WHAT ACCESS TO INFORMATION MEANS TO THEM. This Annual Report explains the activities of my office As FOI Commissioner I am charged with educating in the past year. It also provides data and analyses agencies and applicants about freedom of information trends at an agency level which was not possible in and how it works in Victoria. In my view, an important my 2012-13 Annual Report as the reporting period component of that role is to educate agencies, not just was limited to the first seven months of operation in the mechanics of the Freedom of Information Act of my office. For the first time, agency timeliness and how it operates, but also in the impact of their in processing FOI requests is included in this decisions. Consideration of an applicant’s particular report. The data and analysis provides interesting circumstances can often assist an agency to produce a information and will be particularly useful in future better outcome. This does not mean the agency should years as a base from which to assess performance necessarily make a different decision – but often if – but statistics do not tell the full story. an agency provides better and clearer reasons for its decision the applicant will be satisfied that pursuing the One statistic worth highlighting is that most matter further through my office may not be necessary. applications for review of initial decisions and complaints lodged with my office come from individuals I have instilled in my office a culture of education by seeking information about themselves, their families integrating educative approaches in all our processes or their communities. Many of these individuals have a – from answering an initial telephone inquiry to the limited knowledge of the Freedom of Information Act written content of my formal decisions. In addition, we and the workings of agencies and some of these people have commenced formal training of FOI Practitioners have significant personal anguish related to their initial across Victoria. While difficult to measure, this application. Failure by an agency to explain adequately combined educational approach should improve the a decision that does not favour the applicant may level of understanding of the Freedom of Information contribute to their distress. Act and the impact of the decisions agencies make, which in turn may enhance the standard of performance of agencies as they fulfil their FOI responsibilities. 4 FREEDOM OF INFORMATION COMMISSIONER || ANNUAL REPORT 2013-14 We recognise that our office is here to serve the Everyone involved in responding to access community. With this in mind, we strive to provide requests should keep in mind that discretionary a standard of service which is one of assistance, not exemptions should not be claimed solely on resistance. For example, the Freedom of Information the basis that they are technically applicable; Act requires that all applications for review and instead, they should be claimed only where there complaints for investigation must be made in writing. is a clear and compelling reason to do so. Rather than seeing that as an unavoidable constraint to the provision of service, my staff members will Applicants are entitled to expect that agencies put in writing a matter raised orally. We will then act will process their requests with an open mind on the matter if the person formally authorises us and with an attitude that information will be to do so. In this way, we are ensuring those in our released unless there are very good reasons why community who need the assistance of my office are it should not be. Releasing information, either not disenfranchised solely due to their disability through FOI or other means, will lead to greater or inability to provide a written application. transparency and a “culture of openness”. Not surprisingly, no two agencies and no two I wish to conclude by acknowledging the outstanding applications to my office are the same. Because of this, contribution made by the staff of my office throughout we must assess each matter on a case-by-case basis the year. As a very small office, we operate a matrix and we must respect the rights and responsibilities of structure so that we can distribute resources where applicants and agencies. they are most needed. This enables all my staff to have familiarity with all aspects of the FOI Commissioner’s Applicants are made aware by my office that the FOI obligations, including the processing of applications application process does not guarantee automatic seeking review, the investigation of complaints as well access, and that the legislation includes a variety as my responsibility to educate and train agencies of grounds under which information should not be subject to the Freedom of Information Act. Again, the released. Nevertheless, an attitude by agencies that raw statistics published throughout this Annual Report access to documents is automatically refused – a cannot fully explain the level of dedication and the “culture of secrecy” as stated by the Victorian Auditor- commitment of my staff to making a difference. General in 2012 – is the wrong starting point. The Freedom of Information Act provides discretion to decision makers in many cases. It also provides guidance on how decision makers should exercise discretion, that is “ any discretion... should be exercised as far as possible so as to... facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information”. 5 PART 1 THE COMMISSIONER’S OVERVIEW THE COMMISSIONER’S OVERVIEW WHO WE ARE OUR FOCUS The Freedom of Information Commissioner is Our role is to ensure there is a fair and transparent flow established under the Freedom of Information Act of government information, and that Victorians and the 1982 and began operations on 1 December 2012. agencies that work on their behalf understand their The office of the Freedom of Information Commissioner rights and responsibilities to one another. is established under the Public Administration Act 2004 as a special body to assist the Commissioner. Our mission, ‘Helping Victorians access their information’, is our statement to the public about what we do, and encapsulates what we aim to achieve WHAT WE DO in our daily work. Our values – fair, transparent, The Freedom of Information Act provides for the efficient and independent – are the core principles following functions and powers of the Commissioner – we subscribe to and conduct ourselves by. We will always act with integrity and maintain confidentiality. > to promote understanding and acceptance by agencies of the Act and its object Our objectives are – > > to conduct reviews of decisions by agencies to conduct reviews and handle complaints on requests under the Act > to provide accurate advice and guidance on FOI > to receive and handle complaints in accordance > to engage applicants, agencies and the community with Part VIA of the Act > > to provide advice, education and guidance to to promote excellence in FOI service delivery.
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