This report details the review of the Freedom of Information Act 1982 and concludes the promise of the legislation remains unfulfilled. It makes 101 recommendations covering  effectiveness of the current policy model, proactive and informal release of information, and efficiency. 

The problems identified include the heavy burden of formal FOI requests under the State’s pull system; the lack of an overarching, statewide, information management framework; poor public sector record-keeping; insufficient and inadequate proactive disclosure and informal release of information; delays; overused and misused exemptions; challenges in accessing personal and health information; and dense, complex and confusing legislative provisions.

Key recommendations

• A new third-generation ‘push’ FOI Right to Information Act to replace the existing Victorian first-generation Act, which requires users to ‘pull’ information out of agencies through formal requests.
• A new definition of information (rather than ‘documents’) suitable for the digital age.
• A new three-part test to apply to almost all exemptions to disclosure of information, underpinned by a presumption favouring disclosure of information.
• No access charges are imposed for requests for personal or health information.
• the Victorian Government, as part of the Treaty negotiations, consider how structural barriers to Aboriginal people and Aboriginal Community Controlled Organisations (ACCOs) accessing government-held information under the FOI scheme are best overcome.