A new bill has been tabled to overhaul radically Victoria's FOI system. Its key features are:

  1. Creating a Freedom of Information Commissioner to oversee agency decision making and handle complaints 
  2. Removing the internal review process and giving the Commissioner the power of review 
  3. Introducing "professional standards" for agencies, touching on issues such as clear communication with applicants.

The Commissioner's decisions are subject to review by VCAT. It is open to applicants and agencies to apply to VCAT. The Commissioner cannot:

  1. Review decisions by a Minister or the principal officer of an agency
  2. Review agency decisions to exempt documents under section 28 (cabinet documents) or under section 29A (documents affecting security, defence, international relations, etc)

On reviewing a decision, the Commissioner can:

  1. Return it to the agency to make a fresh decision 
  2. Facilitate a negotiated agreement between the applicant and the agency
  3. Substitute a new decision.

Where health information is involved, the Health Services Commissioner may conciliate instead of the FOI Commissioner. Agencies must assist the Commissioner to undertake the review. The Commissioner will be overseen by the Parliamentary Accountability and Oversight Committee.

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