Victoria (Australia)

Name of law: Freedom of Information Act 1982, No. 9859 of 1982
First adopted: 1982

id	Section	Points	Max score
1	Right of Access	3	6
2	Scope	12	28
3	Requesting Procedures	17	30
4	Exceptions & Refusal	13	30
5	Appeals	17	30
6	Sanctions & Protections	4	8
7	Promotional Measures	11	16
		∑ = 77	∑ = 148

Section	I	Description	Scoring instructions	Max score	Findings	Points	Article	Comments
1. Right of Access	1	The legal framework (including jurisprudence) recognises a fundamental right of access to information.	Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information.	2	NO	0	Not in the Australian constitution. Link to the Constitution of Australia (English version): http://www.aph.gov.au/About_Parliament/Senate/Powers_practice_n_procedures/Constitution. But section 94H of the Constitution Act of 1975 of the state of Victoria (https://content.legislation.vic.gov.au/sites/default/files/2021-03/75-8750aa223%20authorised.pdf) states: "Access to information There is to be in force at all times as part of the laws of Victoria an Act the objectives and functions of which are to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information by creating a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies."	Although the right is found in the state-level constitution, albeit limited to documents and to information held by ministers and agencies, this does not appear to have overriding effect and so no points allocated.
1. Right of Access	2	The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions.	No=0, Partially=1, Yes=2	2	YES	2	13. Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to— (a) a document of an agency, other than an exempt document; or (b) an official document of a Minister, other than an exempt document. There is to be in force at all times as part of the laws of Victoria an Act the objectives and functions of which are to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information by creating a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies."
1. Right of Access	3	The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information.	One point for each characteristic.	2	Partially	1	3(1) The object of this Act is to extend as far as possible the right of the community to access to information in the possession of the Government of Victoria and other bodies constituted under the law of Victoria for certain public purposes by— (a) making available to the public information about the operations of agencies and, in particular, ensuring that rules and practices affecting members of the public in their dealings with agencies are readily available to persons affected by those rules and practices; and 3(2) It is the intention of the Parliament that the provisions of this Act shall be interpreted so as to further the object set out in subsection (1) and that any discretions conferred by this Act shall be exercised as far as possible so as to facilitate and promote, promptly and at the lowest reasonable cost, the disclosure of information...16(1) Ministers and agencies shall administer this Act with a view to making the maximum amount of government information promptly and inexpensively available to the public. (2) Nothing in this Act is intended to prevent or discourage Ministers and agencies from publishing or giving access to documents (including exempt documents), otherwise than as required by this Act, where they can properly do so or are required by law to do so.	Limited and only very general benefits of RTI covered by s. 3(1), not really covering external benefits at all.
2. Scope	4	Everyone (including non-citizens and legal entities) has the right to file requests for information.	Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons.	2	YES	2	13 Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to— (a) a document of an agency, other than an exempt document; or (b) an official document of a Minister, other than an exempt document. Section 38 of the Interpretation of Legislation Act 1984 (Vic): "person includes a body politic or corporate as well as an individual".	Certain provisions of the RTI law also specifically refer to "natural persons" (e.g. 61W(3)), bolstering the view that references to "persons" do not just cover natural persons.
2. Scope	5	The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it.	Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions.	4	Partially	3	3(1) The object of this Act is to extend as far as possible the right of the community to access to information in the possession of the Government of Victoria and other bodies constituted under the law of Victoria for certain public purposes by—… (b) creating a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies… 5(1) In this Act, except insofar as the context or subject-matter otherwise indicates or requires— … document includes, in addition to a document in writing— (a) any book map plan graph or drawing; and (b) any photograph; and (c) any label marking or other writing which identifies or describes any thing of which it forms part, or to which it is attached by any means whatsoever; and (d) any disc tape sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and (e) any film negative tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and (f) anything whatsoever on which is marked any words figures letters or symbols which are capable of carrying a definite meaning to persons conversant with them; and (g) any copy, reproduction or duplicate of any thing referred to in paragraphs (a) to (f); and (h) any part of a copy, reproduction or duplicate referred to in paragraph (g)— but does not include such library material as is maintained for reference purposes. … official document of a Minister or official document of the Minister means a document in the possession of a Minister, or in the possession of the Minister concerned, as the case requires, that relates to the affairs of an agency, and, for the purposes of this interpretation, a Minister shall be deemed to be in possession of a document that has passed from his possession if he is entitled to access to the document and the document is not a document of an agency.	Does not refer directly to electronic records but Supreme Court of Victoria had held that a "document" includes a distinct record of information in any form and however stored, whether in physical, electronic or digital form: Monash University v EBT [2022] VSC 561. One point deducted due to exemption of official documents of ministries containing matters unrelated to affairs of an agency of department (which is what the right of access encompasses, according to s. 13). Also, the Act applies to documents in the physical or constructive possession of an agency or Minister. Issues arise when an agency uses a proprietary tool or outsources a function and does not have the right to call for the requested document from the company that owns the tool, or the third party contractor. There is no provision in the Act to require an agency to ensure it has an immediate right of access to documents held by contractors..
2. Scope	6	Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents).	Score 1 point for only documents, 1 point for information.	2	Partially	1	3(1) The object of this Act is to extend as far as possible the right of the community to access to information in the possession of the Government of Victoria and other bodies constituted under the law of Victoria for certain public purposes by—… (b) creating a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies… 5(1)…document includes, in addition to a document in writing— (a) any book map plan graph or drawing; and (b) any photograph; and (c) any label marking or other writing which identifies or describes any thing of which it forms part, or to which it is attached by any means whatsoever; and (d) any disc tape sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and (e) any film negative tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and (f) anything whatsoever on which is marked any words figures letters or symbols which are capable of carrying a definite meaning to persons conversant with them; and (g) any copy, reproduction or duplicate of any thing referred to in paragraphs (a) to (f); and (h) any part of a copy, reproduction or duplicate referred to in paragraph (g)— but does not include such library material as is maintained for reference purposes...19(1) Where— (a) a request is duly made to an agency; (b) it appears from the request that the desire of the applicant is for information that is not available in discrete form in documents of the agency; and (c) the agency could produce a written document containing the information in discrete form by— (i) the use of a computer or other equipment that is ordinarily available to the agency for retrieving or collating stored information; or (ii) the making of a transcript from a sound recording held in the agency— the agency shall deal with the request as if it were a request for access to a written document so produced and containing that information and, for that purpose, this Act applies as if the agency had such a document in its possession.	The law only creates a right to access documents, not information. There is a duty to create a document under 19(1) following requests for information where a document containing the information could be created but only where this can be done using computers or from an audio file. Not quite enough for two points.
2. Scope	7	The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above.	Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc).	8	Partially	3	5(1)…document includes, in addition to a document in writing…but does not include such library material as is maintained for reference purposes...official document of a Minister or official document of the Minister means a document in the possession of a Minister, or in the possession of the Minister concerned, as the case requires, that relates to the affairs of an agency, and, for the purposes of this interpretation, a Minister shall be deemed to be in possession of a document that has passed from his possession if he is entitled to access to the document and the document is not a document of an agency;… prescribed authority means— (a) a body corporate established for a public purpose by, or in accordance with, the provisions of an Act, or a body unincorporate created by the Governor in Council or by a Minister, other than— (i) an incorporated company or association; (ii) a body that, under subsection (2), is not to be taken to be a prescribed authority for the purposes of this Act; (iii) a Royal Commission, Board of Inquiry or Formal Review; (v) a school council; (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being— (i) an incorporated company or association or unincorporated body which is supported directly or indirectly by government funds or other assistance or over which the State is in a position to exercise control; or (ii) a body established by or under an Act of Parliament; (c) subject to subsection (3), the person holding, or performing the duties of, an office established by an Act; or (d) the person holding, or performing the duties of, an appointment declared by the regulations to be an appointment the holder of which is a prescribed authority for the purposes of this Act, being an appointment made by the Governor in Council, or by a Minister, otherwise than under an Act; 5(2) An unincorporated body, being a board, council, committee, sub-committee or other body established by, or in accordance with the provisions of, an Act for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority for the purposes of this Act, but shall be deemed to be comprised within that prescribed authority. (3) A person shall not be taken to be a prescribed authority by virtue of his holding, or performing the duties of— (a) a prescribed office; (b) an office the duties of which he performs as duties of his employment as an officer of a department or as an officer of or under a prescribed authority; (c) an office or member of a body; or (d) an office established by an enactment for the purposes of a prescribed authority. (4) For the purposes of this Act, Victoria Police shall be deemed to be a prescribed authority. 13 Subject to this Act, every person has a legally enforceable right to obtain access in accordance with this Act to— (a) a document of an agency, other than an exempt document; or (b) an official document of a Minister, other than an exempt document. 14 (1) A person is not entitled to obtain access under this Part to— (a) a document which contains information that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to a fee or other charge; (b) a document which contains information that is available for purchase by the public in accordance with arrangements made by an agency; or (c) a document that is available for public inspection in the Public Record Office of Victoria; (d) a document which is stored for preservation or safe custody in the Public Record Office of Victoria being a document which is a duplicate of a document of an agency. (2) A document, other than a document of an agency, that has been placed in the custody of the State Library of Victoria or the Public Record Office of Victoria by a person (including a Minister or former Minister) shall be available to the public in accordance with this Act, subject to any restrictions or conditions imposed by the person at the time the document was placed in the custody of the State Library or the Public Record Office, as the case may be. (3) Subsection (2) shall apply to a document, other than a document of an agency, which was placed in the custody of the State Library of Victoria or the Public Record Office of Victoria before the date of commencement of this section as if that document had been so placed in the custody of the institution concerned after the date of commencement of this section. 15 (1) For the purpose of this Act, a document, other than a document of the kind referred to in section 14(1)(c), that has been placed in the custody of the Public Record Office of Victoria by an agency shall be deemed to be in the possession of that agency or, if that agency no longer exists, the agency to the functions of which the document is most closely related. Freedom of Information Regulations 2019, S.R. No. 25/2019, R7 For the purposes of section 5(3)(a) of the Act, the following are prescribed offices— (a) the Director of Public Prosecutions; (b) the Public Advocate; (c) the Solicitor-General...Schedule 1—Prescribed Authorities. Appeal Costs Board Denominational hospitals listed in Schedule 2 to the Health Services Act 1988 Disciplinary Appeals Boards Electoral Boundaries Commission Firearms Appeals Committee Food Safety Council Land Tax Hardship Relief Board Medical Panels Mental Health Tribunal Merit Protection Boards Professional Boxing and Combat Sports Board Public Records Advisory Council Racing Victoria within the meaning of the Racing Act 1958 Royal Society for the Prevention of Cruelty to Animals TAFE institutes created under section 3.1.11 of the Education and Training Reform Act 2006 Victoria Grants Commission Victorian Independent Remuneration Tribunal Victorian Legal Admissions Board Victorian Legal Services Board Victorian Multicultural Commission Victorian Veterans Council WorkCover Advisory Committee Yooralla Society of Victoria	Three points deducted for the exclusion of school councils and then "prescribed offices" under 5(3)(a). The latter are listed in the Regs as the Director of Public Prosecutions, the Public Advocate and the Solicitor-General. An additional point deducted for the exclusion of library reference materials from the definition of "documents" in 5(1). And one more for the exclusion of incorporated bodies under the definition of "prescribed authority" in 5(1).
2. Scope	8	The right of access applies to the legislature, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government	4	NO	0	N/A	Not mentioned.
2. Scope	9	The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded.	Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government	4	Partially	2	6 For the purposes of this Act— (a) in relation to its or his judicial functions, a court or the holder of a judicial office or other office pertaining to a court in his capacity as the holder of that office, is not to be taken to be a prescribed authority or to be included in a department; and (b) in relation to those matters which relate to the judicial functions of the court, a registry or other office of a court, and the staff of such a registry or other office in their capacity as members of that staff, shall not be taken to be part of a department...29B A document is an exempt document if it is a document of Court Services Victoria that relates to the exercise of a judicial or quasi-judicial function of a court or VCAT. Freedom of Information Regulations, Schedule 1—Prescribed Authorities. … Mental Health Tribunal … Victorian Independent Remuneration Tribunal	Judicial functions explicitly excluded, but two points given since administrative functions seem to be covered. A limited number of quasi-judicial bodies are included in Schedule 1 of the Regs. but this is not enough for an additional point.
2. Scope	11	The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er).	Score 1 point if some bodies, 2 points if all	2	Partially	1	5(1)…prescribed authority means— (a) a body corporate established for a public purpose by, or in accordance with, the provisions of an Act, or a body unincorporate created by the Governor in Council or by a Minister, other than— (i) an incorporated company or association; (iii) a Royal Commission, Board of Inquiry or Formal Review;… (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being—...(ii) a body established by or under an Act of Parliament;	Some of these bodies would presumably be included automatically under 5(1)(a) and 5(1)(b)(ii), and Schedule 1 of the Regs designates a few commissions. However, one point deducted for exclusion of Royal Commissions, boards of inquiry and formal reviews under 5(1)(a)(iii) of the Law and because the inclusion of all of these bodies is not automatic.
2. Scope	12	The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding.	1 point for public functions, 1 point for public funding	2	NO	0	5(1)…prescribed authority means— (a) a body corporate established for a public purpose by, or in accordance with, the provisions of an Act, or a body unincorporate created by the Governor in Council or by a Minister, other than— (i) an incorporated company or association; … (b) any other body, whether incorporated or unincorporated, declared by the regulations to be a prescribed authority for the purposes of this Act, being—(i) an incorporated company or association or unincorporated body which is supported directly or indirectly by government funds or other assistance or over which the State is in a position to exercise control; or (ii) a body established by or under an Act of Parliament;	Have to be designated in the Regs. These currently cover only the Royal Society for the Prevention of Cruelty to Animals and the Yooralla Society of Victoria, not enough for a point.
3. Requesting Procedures	13	Requesters are not required to provide reasons for their requests.	Y/N answer 0 or 2 points	2	YES	2	17(1) A person who wishes to obtain access to a document of an agency or an official document of a Minister shall make a request in writing to the agency or Minister as the case requires for access to the document. (2) A request shall provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, as the case may be, to identify the document.	Not explicitly mentioned. However, the lack of any reference to reasons in s. 17 has consistently been interpreted as excluding the need to provide them.
3. Requesting Procedures	14	Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery).	Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc.	2	YES	2	17(1) A person who wishes to obtain access to a document of an agency or an official document of a Minister shall make a request in writing to the agency or Minister as the case requires for access to the document. (2) A request shall provide such information concerning the document as is reasonably necessary to enable a responsible officer of the agency, or the Minister, as the case may be, to identify the document.
3. Requesting Procedures	15	There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law.	Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought.	2	YES	2	17(1) A person who wishes to obtain access to a document of an agency or an official document of a Minister shall make a request in writing to the agency or Minister as the case requires for access to the document. Professional Standards, 2.1 An agency must provide an applicant with an option to make a request by email…2.3 An agency must not refuse to accept a request where an applicant has not utilised an agency’s pro forma application form. Note: a request must still meet the requirements of section 17 of the Act to be a valid request.	No explicit statement that any means of communication is acceptable but email is authorised and otherwise benefit of the doubt given.
3. Requesting Procedures	16	Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification.	Score 1 point for help in formulation and 1 point for clarification procedures	2	YES	2	17(3) It is the duty of an agency or Minister, as the case may be, to assist a person who wishes to make a request, or has made a request that does not comply with this section or has not been directed to the appropriate agency or Minister, to make a request in a manner that complies with this section or to direct a request to the appropriate agency or Minister. (4) Where a request in writing is made to an agency or Minister for access to a document, the agency or Minister, as the case may be, shall not refuse to comply with the request on the ground that the request does not comply with subsection (2), without first giving the applicant a reasonable opportunity of consultation with the agency with a view to the making of a request in a form that does comply with that subsection. Professional Standards, 2.4 An agency that receives a request that is not valid, must take reasonable steps to notify the applicant of the following information within 21 days of receiving the request: (a) why the request is not valid; (b) provide reasonable assistance or advice to the applicant about how to make the request valid; and (c) advise the applicant that the agency may refuse to comply with the request if it does not comply with section 17 of the Act. 2.5 Before refusing to comply with a request that is not valid, an agency must provide the applicant with a minimum of 21 days from the date the agency notified the applicant of the information in Standard 2.4 to: (a) pay the application fee; (b) provide evidence of hardship, if seeking a fee waiver or reduction; (c) begin consulting with the agency to clarify the request or provide an amended request; or (d) otherwise make the request compliant with section 17 of the Act.	Generally positive but 21-day time limit for informing requester of problems with a request is far too long.
3. Requesting Procedures	17	Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled.	Score Yes=2 point, No=0	2	NO	0	17(3) It is the duty of an agency or Minister, as the case may be, to assist a person who wishes to make a request, or has made a request that does not comply with this section or has not been directed to the appropriate agency or Minister, to make a request in a manner that complies with this section or to direct a request to the appropriate agency or Minister. (4) Where a request in writing is made to an agency or Minister for access to a document, the agency or Minister, as the case may be, shall not refuse to comply with the request on the ground that the request does not comply with subsection (2), without first giving the applicant a reasonable opportunity of consultation with the agency with a view to the making of a request in a form that does comply with that subsection. Professional Standards, 2.4 An agency that receives a request that is not valid, must take reasonable steps to notify the applicant of the following information within 21 days of receiving the request: (a) why the request is not valid; (b) provide reasonable assistance or advice to the applicant about how to make the request valid; and (c) advise the applicant that the agency may refuse to comply with the request if it does not comply with section 17 of the Act. 2.5 Before refusing to comply with a request that is not valid, an agency must provide the applicant with a minimum of 21 days from the date the agency notified the applicant of the information in Standard 2.4 to: (a) pay the application fee; (b) provide evidence of hardship, if seeking a fee waiver or reduction; (c) begin consulting with the agency to clarify the request or provide an amended request; or (d) otherwise make the request compliant with section 17 of the Act.	No reference to disabilities. However, the Commission has issued non-binding FOI Guidelines which recommend an interpretation of the section 17(3) duty to assist to include taking reasonable steps to assist a person to reduce their application to writing, in circumstances where they may not otherwise be able to do so. It would, however, be preferable to make this explicit in the Act.
3. Requesting Procedures	18	Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days.	Score 1 point for receipt, 1 point for max 5 working days	2	NO	0	N/A	Not mentioned. The Commission provides a Template for agencies to use to acknowledge a request and provides guidance to say it is better practice. But there is no legal requirement for agencies to do this.
3. Requesting Procedures	19	Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held.	Score: 1 point for information not held, 1 for referrals or 2 for transfers	2	Partially	1	17(3) It is the duty of an agency or Minister, as the case may be, to assist a person who wishes to make a request, or has made a request that does not comply with this section or has not been directed to the appropriate agency or Minister, to make a request in a manner that complies with this section or to direct a request to the appropriate agency or Minister. 18(2) Where— (a) a request is made to an agency for access to a document; and (b) (i) the document is not in the possession of that agency but is in the possession of another agency; or (ii) the subject-matter of the document is more closely connected with the functions of another agency than with those of the agency to which the request is made— the agency to which the request is made may promptly transfer the request to the other agency and inform the person making the request accordingly and, if it is necessary to do so in order to enable the other agency to deal with the request, send the document to the other agency. (3) Where a request is transferred to an agency in accordance with this section, it shall be deemed to be a request made to that agency and received at the time at which the transfer was made or fourteen days after the date of the original request, whichever is the shorter period.	1 point deducted due to allowance for transfers under s. 18 where the "subject-matter of the document is more closely connected with the functions of another agency". S. 17 applies where the initial agency will only not deal with part of a request, but it is a referral (ie the requester needs to make another request to the second agency for the rest of the information).
3. Requesting Procedures	20	Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record).	Score: 2 points for Yes, only 1 point if some limitations	2	Partially	1	23(1) Access to a document may be given to a person in one or more of the following forms— ... [list of forms follows here] (2) Subject to this section and to sections 19 and 25, where the applicant has requested access in a particular form, access shall be given in that form. (3) If the form of access requested by the applicant— (a) would interfere unreasonably with the operations of the agency, or the performance by the Minister of his functions, as the case may be; (b) would be detrimental to the preservation of the document or having regard to the physical nature of the document, would not be appropriate; or (c) would involve an infringement of copyright subsisting in a person other than the State, or, in the case of an application to a council, other than the council— access in that form may be refused and access given in another form. (4) If an applicant is given access to a document in a form that is different from the form of access requested by the applicant, the applicant shall not be required to pay a charge that is greater than the charge that would have been payable if access had been given in the form requested by the applicant. (5) Access under subsection (1)(a) in respect of a document to which section 15(1) applies shall be given by affording the applicant a reasonable opportunity to inspect the document on the premises of the Public Record Office of Victoria. (6) In respect of a document which is more than twenty years old or which is in the custody of the Public Record Office of Victoria, the Keeper of Public Records may determine that the granting of access in any one or more but not all of the forms referred to in subsection (1) would be detrimental to the preservation of the document or, having regard to the physical nature of the document, would not be appropriate. (7) Where the Keeper of Public Records has made a determination in accordance with subsection (6), access shall not be granted in the form or forms specified in the determination but may be given in any of the remaining forms provided under subsection (1).	There is a requirement to give access in the form of a copy but not a specific type of copy, such as an electronic one, so one point deducted.
3. Requesting Procedures	21	Public authorities are required to respond to requests as soon as possible.	Score: No=0, Yes=2 points	2	YES	2	21(1) An agency or Minister must take all reasonable steps to enable an applicant to be notified of a decision on a request as soon as practicable but not later than—
3. Requesting Procedures	22	There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication).	Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less.	2	Partially	1	21(1) An agency or Minister must take all reasonable steps to enable an applicant to be notified of a decision on a request as soon as practicable but not later than— (a) 30 days after the day on which the request is received by or on behalf of the agency or Minister; or (b) if that period is extended or further extended, the day after that period as extended ends.	30 days, assumed to be calendar, so only one point. Also, although it is understood that the time limit relates not only to a decision on access but also access itself, it would be preferable for this to be made explicit.
3. Requesting Procedures	23	There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension.	-	2	YES	2	21(2) An agency or Minister may extend the period for deciding a request referred to in subsection (1)(a)— (a) if consultation is required under section 29, 29A, 31, 31A, 33, 34 or 35, by a period of not more than 15 days; or (b) in any case, by a period of not more than 30 days, as agreed by the applicant. (3) An agency or Minister may further extend a period for deciding a request in accordance with subsection (2)(b) any number of times. (4) An agency or Minister must notify the applicant in writing if the period for deciding a request is extended or further extended under this section. (5) The period for deciding a formal request cannot be extended or further extended under this section if that period has expired.	Although extensions under 21(2)(b) can be renewed repeatedly under 21(3), the applicant's consent is required under 21(2)(b) for these kinds of extensions so no points have been deducted.
3. Requesting Procedures	24	It is free to file requests.	Score: No=0, Yes=2 points	2	NO	0	17(2A) A request must be accompanied by a fee of 2 fee units.
3. Requesting Procedures	25	There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free.	Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional	2	NO	0	8(1) This section applies, in respect of an agency, to documents that are provided by the agency for the use or guidance of, or are used or may be used by, the agency or its officers— (a) in making decisions or recommendations, or in providing advice to persons outside the agency, with respect to rights, privileges or benefits, or to obligations, penalties or other detriments, to or for which persons are or may be entitled, eligible or subject, being— (i) documents containing interpretations or particulars of Acts or schemes administered by the agency, not being particulars contained in another Act; or (ii) manuals, rules of procedure, statements of policy, records of decisions, letters of advice to persons outside the agency, or similar documents containing rules, policies, guidelines, practices or precedents; and (b) in enforcing Acts or schemes administered by the agency where a member of the public might be directly affected by that enforcement, being documents containing information on the procedures to be employed or the objectives to be pursued in the enforcement of the Acts or schemes. (2) The principal officer of an agency shall— (a) as from a date as soon as practicable after the commencement of this Part—(i) cause copies of all documents to which this section applies in respect of the agency to be made available forinspection and for purchase by members of the public; and (ii) cause to be published in the prescribed form a statement (which may take the form of an index) specifying the documents that are, at the time of preparation of the statement, so available and the place or places where copies may be inspected and may be purchased;…14(1) A person is not entitled to obtain access under this Part to— (a) a document which contains information that is open to public access, as part of a public register or otherwise, in accordance with another enactment, where that access is subject to a fee or other charge; (b) a document which contains information that is available for purchase by the public in accordance with arrangements made by an agency;..(2) A document, other than a document of an agency, that has been placed in the custody of the State Library of Victoria or the Public Record Office of Victoria by a person (including a Minister or former Minister) shall be available to the public in accordance with this Act, subject to any restrictions or conditions imposed by the person at the time the document was placed in the custody of the State Library or the Public Record Office, as the case may be...22(1) Any charge (not being an application fee) that is, in accordance with the regulations, required to be paid by an applicant before access to a document is given, shall be calculated by an agency in accordance with the following principles or, where those principles require, shall be waived— (a) a charge shall only cover the time that would be spent by the agency in conducting a routine search for the document to which access is requested, and shall not cover additional time, if any, spent by the agency in searching for a document that was lost or misplaced; (b) the charge in relation to time made under paragraph (a) shall be fixed on an hourly rate basis; (c) a charge may be made for the identifiable cost incurred in supervising the inspection by the applicant of the material to which access is granted; (d) a charge may be made for the reasonable costs incurred by an agency in supplying copies of documents, in making arrangements for viewing documents, in providing a written transcript of the words recorded or contained in documents, or in providing a written document in accordance with section 19; (e) a charge shall not be made for the time spent by an agency in examining a document to determine whether it contains exempt matter, or in deleting exempt matter from a document; (f) a charge shall not be made for producing for inspection a document referred to in sections 8(1) or 11(1), whether or not that document has been specified in a statement published in accordance with sections 8(2) or 11(2) respectively; (g) a charge shall be waived if the request is a routine request for access to a document; (h) a charge, other than a charge for the reasonable costs incurred by an agency in making copies of documents, in making a written transcript of the words recorded or contained in documents or in making a written document in accordance with section 19, shall not be made if— (i) the applicant's intended use of the document is a use of general public interest or benefit; or (ii) the applicant is a member of the Legislative Council or of the Legislative Assembly of Victoria; or (iii) the request is for access to a document containing information relating to the personal affairs of the applicant… (1A) Without limiting any other power to make regulations conferred by this Act, a power conferred by this Act to make regulations for or in relation to the making of charges for access to documents may, in the case of a document referred to in section 23(1)(e)— (a) prescribe different amounts according to the form in which access is given; (b) prescribe amounts by reference to the usual fee of a person for a consultation of a comparable duration...(8) Subject to this section, the charges set by the regulations shall be uniform for all agencies and there shall be no variation of charges as between different applicants in respect of like services.	Applicants can be charged for routine search time for documents and for the time to supervise the applicant while inspecting the document. The fees are set centrally in the Freedom of Information (Access Charges) Regulations 2014 (https://content.legislation.vic.gov.au/sites/default/files/a4b88e9f-bcb7-3bdd-9301-6ddd7452314b_14-49sra001%20authorised.PDF). Fees are 20¢ per page (which is quite a lot) and there are no free copies. Also, a lot of the charges are set at the "reasonable costs incurred by the agency", which is not really centrally set.
3. Requesting Procedures	26	There are fee waivers for impecunious requesters.	-	2	Partially	1	17(2B) An application fee may be waived or reduced, whether or not the fee has been paid, if the payment of the fee would cause hardship to the applicant...22(1)(i) a charge under paragraph (d) shall be waived if the applicant is impecunious and the request is for access to a document containing information relating to the personal affairs of the applicant.	Discretionary (non-mandatory) fee waivers in respect of non-personal information.
3. Requesting Procedures	27	There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information.	Score: No=0, Yes=2 points	2	Partially	1	N/A	Not mentioned. However, jurisprudence refers to release under the FOI Act as "release to the world at large" which is a sort of very partial reuse regime.
4. Exceptions & Refusal	28	The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict.	Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points.	4	NO	0	38 A document is an exempt document if there is in force an enactment applying specifically to information of a kind contained in the document and prohibiting persons referred to in the enactment from disclosing information of that kind, whether the prohibition is absolute or is subject to exceptions or qualifications.
4. Exceptions & Refusal	29	The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities.	Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed	10	Partially	7	5(1)…exempt document means— (a) a document which, by virtue of a provision of Part IV, is an exempt document; or (b) an official document of a Minister that contains some matter that does not relate to the affairs of an agency or of a department;...28 Cabinet documents (1) A document is an exempt document if it is— (a) the official record of any deliberation or decision of the Cabinet; (b) a document that has been prepared by a Minister or on his or her behalf or by an agency for the purpose of submission for consideration by the Cabinet; (ba) a document prepared for the purpose of briefing a Minister in relation to issues to be considered by the Cabinet; (c) a document that is a copy or draft of, or contains extracts from, a document referred to in paragraph (a), (b) or (ba); or (d) a document the disclosure of which would involve the disclosure of any deliberation or decision of the Cabinet, other than a document by which a decision of the Cabinet was officially published. … (3) Subsection (1) does not apply to a document referred to in a paragraph of that subsection to the extent that the document contains purely statistical, technical or scientific material unless the disclosure of the document would involve the disclosure of any deliberation or decision of the Cabinet...24 (1) An agency which, or a Minister who, receives a request may defer the provision of access to the document concerned if the document has been prepared— (a) for presentation to the Parliament; (aa) for presentation to a council; (b) for release to the Press; or (c) solely for inclusion, in the same or in an amended form, in a document to be prepared for a purpose specified in paragraph (a), (aa) or (b)— and the document is yet to be presented or released, or included in a document to be presented or released, as the case may be. (2) Where the provision of access to a document is deferred in accordance with subsection (1), the agency or Minister shall, in informing the applicant of the reasons for the decision, indicate, as far as practicable, the period for which the deferment will operate.	One point deducted for cabinet documents exception, which is too broad (and only partially harm-tested). Additional point deducted for overbroad deferment of access provisions. And also for internal documents (although these at least have a public interest override).
4. Exceptions & Refusal	30	A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused.	Score 4 points and then deduct 1 point for each exception which is not subject to the harm test	4	NO	0	29(1) A document is an exempt document if disclosure under this Act would be contrary to the public interest and disclosure—…(b) would divulge any information or matter communicated in confidence by or on behalf of the government of another country or of the Commonwealth or of any other State or Territory to the government of the State or Territory or a person receiving a communication on behalf of that government. 29A(1A) Without limiting subsection (1), a document is an exempt document if it is a document held or created by Victoria Police for the purpose of— (a) counterterrorism or a purpose relating to counterterrorism; or (b) the protection of critical infrastructure within the meaning of section 74B of the Emergency Management Act 2013 on— (i) the Victorian Critical Infrastructure Register under section 74J of the Emergency Management Act 2013; or (ii) any corresponding register kept by an agency of the Commonwealth. (1B) Without limiting subsection (1), a document is an exempt document if it is a document— (a) created for or with respect to emergency risk management arrangements for critical infrastructure resilience under Part 7A of the Emergency Management Act 2013 for the purposes of administering, complying with, or enforcing that Part; or (b) which contains information about, or which could lead to the identification of, a document to which paragraph (a) applies. (1C) Without limiting subsection (1), a document is an exempt document if subsection (1B) as in force before the commencement of section 6 of the Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014 would apply to or in respect of the document had section 6 of the Emergency Management Amendment (Critical Infrastructure Resilience) Act 2014 not come into operation...29B A document is an exempt document if it is a document of Court Services Victoria that relates to the exercise of a judicial or quasi-judicial function of a court or VCAT...30 (1) Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act— (a) would disclose matter in the nature of opinion, advice or recommendation prepared by an officer or Minister, or consultation or deliberation that has taken place between officers, Ministers, or an officer and a Minister, in the course of, or for the purpose of, the deliberative processes involved in the functions of an agency or Minister or of the government; and (b) would be contrary to the public interest...31(3) Notwithstanding anything to the contrary in this section, a document is an exempt document if it is a document created by the Bureau of Criminal Intelligence or (whether before or after the commencement of section 22 of the Terrorism (Community Protection) (Further Amendment) Act 2006) by the Intelligence and Covert Support Command of Victoria Police.	Several exceptions are not harm-tested: 29(1)(b), 29A(1A), 30(1), 31(3).
4. Exceptions & Refusal	31	There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity.	Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory.	4	Partially	1	29(1) A document is an exempt document if disclosure under this Act would be contrary to the public interest and disclosure— (a) would prejudice relations between the State and the Commonwealth or any other State or Territory; or (b) would divulge any information or matter communicated in confidence by or on behalf of the government of another country or of the Commonwealth or of any other State or Territory to the government of the State or Territory or a person receiving a communication on behalf of that government. … 30(1) Subject to this section, a document is an exempt document if it is a document the disclosure of which under this Act— (a) would disclose matter in the nature of opinion, advice or recommendation prepared by an officer or Minister, or consultation or deliberation that has taken place between officers, Ministers, or an officer and a Minister, in the course of, or for the purpose of, the deliberative processes involved in the functions of an agency or Minister or of the government; and (b) would be contrary to the public interest. … 31(2) This section does not apply to any document that is— (a) a document revealing that the scope of a law enforcement investigation has exceeded the limits imposed by law; (b) a document revealing the use of illegal methods or procedures for preventing, detecting, investigating, or dealing with matters arising out of, breaches or evasions of the law; (c) a document containing any general outline of the structure of any programme adopted by an agency for investigating breaches of, or enforcing or administering, the law; (d) a report on the degree of success achieved in any programme adopted by an agency for investigating breaches of, or enforcing or administering, the law; (e) a report prepared in the course of routine law enforcement inspections or investigations by an agency which has the function of enforcing and regulating compliance with a particular law other than the criminal law; (f) a report on a law enforcement investigation, where the substance of the report has been disclosed to the person who, or the body which, was the subject of the investigation— if it is in the public interest that access to the document should be granted under this Act… 34(2) In deciding whether disclosure of information would expose an undertaking unreasonably to disadvantage, for the purposes of paragraph (b) of subsection (1), an agency or Minister may take account of any of the following considerations— (d) whether there are any considerations in the public interest in favour of disclosure which outweigh considerations of competitive disadvantage to the undertaking, for instance, the public interest in evaluating aspects of government regulation of corporate practices or environmental controls— … 36(1) A document is an exempt document if— (a) in the case of documents of a department or prescribed authority its premature disclosure under this Act would be contrary to the public interest by reason that the disclosure would be reasonably likely to have a substantial adverse effect on the economy of Victoria, including but not limited to, revealing consideration of a contemplated movement in bank interest rates or in sales tax, the imposition of credit controls, the sale or acquisition of land or property by the Crown, urban re-zoning, the formulation of land use and planning controls and the formulation of State imposts; or (b) in the case of documents of a department or prescribed authority its disclosure under this Act would be contrary to the public interest by reason that it would disclose instructions issued to, or provided for the use or guidance of, officers of an agency on the procedures to be followed or the criteria to be applied in negotiation, including financial, commercial and labour negotiation, in the execution of contracts, in the defence, prosecution and settlement of cases, and in similar activities relating to the financial property or personnel management and assessment interests of the Crown or of an agency.	An assessment of public interest but without a balancing test is contained in some of the exceptions, but there is no general public interest override.
4. Exceptions & Refusal	32	Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old.	Score 1 point for each	2	NO	0	28(2) Subsection (1) shall cease to apply to a document brought into existence after the day of commencement of this section when a period of ten years has elapsed since the last day of the year in which the document came into existence…30 (6) Subsection (1) shall cease to apply to a document brought into existence after the day of commencement of this section when a period of ten years has elapsed since the last day of the year in which the document came into existence.	Sunset clauses limited to cabinet documents and internal working documents.
4. Exceptions & Refusal	33	Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information.	Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals.	2	YES	2	21(2) An agency or Minister may extend the period for deciding a request referred to in subsection (1)(a)— (a) if consultation is required under section 29, 29A, 31, 31A, 33, 34 or 35, by a period of not more than 15 days or (b) in any case, by a period of not more than 30 days, as agreed by the applicant.	21(2)(a) allows for extensions of up to 15 days for consultations.
4. Exceptions & Refusal	34	There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed.	Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted	2	Partially	1	25 Where— (a) a decision is made not to grant a request for access to a document on the ground that it is an exempt document or that to grant the request would disclose information that would reasonably be regarded as irrelevant to the request; (b) it is practicable for the agency or Minister to grant access to a copy of the document with such deletions as to make the copy not an exempt document or a document that would not disclose such information (as the case requires); and (c) it appears from the request, or the applicant subsequently indicates, that the applicant would wish to have access to such a copy— the agency or Minister shall grant access to such a copy of the document.	25(c) is an unreasonable condition which has led to unwarranted restrictions on the release of information for various reasons (e.g. an agency not asking an applicant whether they would want a redacted document).
4. Exceptions & Refusal	35	When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures.	Score Y/N: 1 point for a and 1 point for b	2	YES	2	27(1) Where, in relation to a request for access to a document of an agency or an official document of a Minister, a decision is made under this Part that the applicant is not entitled to access to the document in accordance with the request or that provision of access to the document be deferred or that no such document exists, the agency or Minister shall cause the applicant to be given notice in writing of the decision, and the notice shall— (a) state the findings on any material questions of fact, referring to the material on which those findings were based, and the reasons for the decision; (b) where the decision relates to an agency, state the name and designation of the person giving the decision; (c) where access is given to a document in accordance with section 25 state that the document is a copy of a document from which exempt or irrelevant matter has been deleted; (d) inform the applicant of— (i) his right to apply for a review of the decision; (ii) the authority to which the application for review should be made; and (iii) the time within which the application for review must be made. Professional Standards, 8.2 In a written decision, other than in accordance with sections 27(2) or 33(6) of the Act, where an agency relies on an exemption or exception, the agency must: (a) explain its reasons for why each exemption or exception applies; and (b) address each limb of the relevant exemption or exception.
5. Appeals	36	The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less).	Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals.	2	NO	0	49M (1) During a review under this Division, an agency may notify in writing the Information Commissioner and the applicant that the agency is reconsidering the matter that is the subject of the review at the agency's or Minister's own initiative and, if so, the agency or Minister may make a fresh decision.	Agencies are entitled to reconsider their decisions, but no procedure for an internal appeal is provided.
5. Appeals	37	Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman).	1 for partial, 2 for yes	2	YES	2	49A(1) An applicant may apply to the Information Commissioner for review of— (a) a decision of an agency or a Minister refusing to grant access to a document in accordance with a request; or (b) a decision under section 24 by an agency or Minister deferring the provision of access to a document; or (c) a decision of an agency or Minister not to waive or reduce an application fee under section 17, whether or not the fee has already been paid by the applicant.
5. Appeals	38	The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed.	Score: 1 point for appointment procedure, 1 point for security of tenure	2	Partially	1	6B(3) Except where expressly provided in this Act or the Privacy and Data Protection Act 2014— (a) the Information Commissioner is not subject to the direction or control of the Minister in respect of the performance of the Information Commissioner's duties and functions and the exercise of the Information Commissioner's powers; and (b) the Public Access Deputy Commissioner is not subject to the direction or control of the Minister in respect of the performance of the Deputy Commissioner's duties and functions and the exercise of the Deputy Commissioner's powers...6C(1) The Governor in Council, on the recommendation of the Minister, may appoint an eligible person as the Information Commissioner. 6E Terms and conditions of appointment of Information Commissioner (1) The appointment of the Information Commissioner is to be for the period, not exceeding 5 years, set out in the instrument of appointment. (2) Subject to this Part, the Information Commissioner holds office on the terms and conditions determined by the Governor in Council. (3) Subject to section 6C(3), the Information Commissioner may be reappointed. (4) The Information Commissioner is entitled to leave of absence as determined by the Governor in Council. (5) The Information Commissioner must not directly or indirectly engage in paid employment outside the duties of the office of Information Commissioner. (6) The Public Administration Act 2004 does not apply to the Information Commissioner in respect of the Office of the Victorian Information Commissioner except as provided for in section 16 of that Act. 6F (1) The appointment of the Public Access Deputy Commissioner is to be for the period, not exceeding 5 years, set out in the instrument of appointment. (2) Subject to this Part, the Public Access Deputy Commissioner holds office on the terms and conditions determined by the Governor in Council. (3) Subject to section 6D(3), the Public Access Deputy Commissioner may be reappointed. (4) The Public Access Deputy Commissioner is entitled to leave of absence as determined by the Governor in Council. (5) The Public Access Deputy Commissioner must not directly or indirectly engage in paid employment outside the duties of the office of Public Access Deputy Commissioner...6M (1) The Information Commissioner ceases to hold office if the Information Commissioner— (a) resigns by notice in writing delivered to the Minister; or (b) becomes an insolvent under administration; or (c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or (e) nominates for election as a member of a council; or (f) is removed from office under section 6N. (2) The Public Access Deputy Commissioner ceases to hold office if the Deputy Commissioner— (a) resigns by notice in writing delivered to the Minister; or (b) becomes an insolvent under administration; or (c) is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or (d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or (e) nominates for election as a member of a council; or (f) is removed from office under section 6O. (3) A resignation under subsection (1)(a) or (2)(a) takes effect on— (a) the day on which it is received by the Minister; or (b) if a later day is specified in the notice, on that day. 6N(1) The Governor in Council, on the advice of the Minister, may suspend the Information Commissioner from office on any ground on which the Governor in Council is satisfied that the Commissioner is unfit to hold office. (2) The Minister must cause a full statement of the grounds of suspension to be presented to each House of Parliament within 7 sitting days of that House after the suspension. (3) The Information Commissioner must be removed from office by the Governor in Council if each House of Parliament, within 20 sitting days after the day on which the statement is presented to it, declares by resolution that the Commissioner ought to be removed from office. (4) The Governor in Council must remove the suspension and restore the Information Commissioner to office unless each House makes a declaration of the kind specified in subsection (3) within the time specified in that subsection. (5) If the Information Commissioner is suspended from office under subsection (1), the Information Commissioner is taken not to be the Information Commissioner during the period of suspension. 6O Suspension of Public Access Deputy Commissioner and removal from office (1) The Governor in Council, on the recommendation of the Minister, may suspend or remove the Public Access Deputy Commissioner from office on any of the following grounds— (a) misconduct; (b) neglect of duty; (c) inability to perform the duties of the office; (d) any other ground on which the Governor in Council is satisfied that the Public Access Deputy Commissioner should not hold office. (2) If the Public Access Deputy Commissioner is removed from office, the Minister must cause a full statement of the grounds for removal to be presented to each House of Parliament within 10 sitting days of that House after the removal.	Both the Information Commissioner and the Public Access Deputy Commissioner are appointed by the Governor in Council on conditions he or she determines. The Governor in Council is responsible for suspending them and, in the case of the Information Commissioner, the Governor in Council can do so on any grounds, albeit Parliament subsequently votes on this.
5. Appeals	39	The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence.	Score 1 point for reports to parliament, 1 point for budget approved by parliament	2	NO	0	6L (1) The Information Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council. (2) The Public Access Deputy Commissioner is entitled to be paid the remuneration and allowances that are determined by the Governor in Council...64 (5) The Information Commissioner must transmit the annual report for a year to each House of the Parliament to be laid before that House on the same day that the annual report of the Information Commissioner under the Financial Management Act 1994 for that year is laid before that House.	The Information Commissioner reports to Parliament, but the remuneration of the Information Commissioner and the Public Access Deputy Commissioner are determined by the Governor in Council. And the budget of the Commission is set by government without reference to Parliament.
5. Appeals	40	There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise.	Score 1 point for not politically connected, 1 point for professional expertise	2	Partially	1	6C (1) The Governor in Council, on the recommendation of the Minister, may appoint an eligible person as the Information Commissioner. (2) The following persons are not eligible to be appointed as the Information Commissioner— (a) a person who is a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; (b) a person who is a member of a council. (3) A person may hold office as Information Commissioner for not more than 2 terms (whether consecutive terms or otherwise). 6D (1) The Governor in Council may appoint an eligible person as the Public Access Deputy Commissioner. (2) A person is not eligible for appointment as the Public Access Deputy Commissioner if the person is— (a) a member of the Parliament of Victoria or of the Commonwealth or of another State or a Territory; or (b) a member of a council. (3) A person may hold office as Public Access Deputy Commissioner for not more than 2 terms (whether consecutive terms or otherwise). 6E...(5) The Information Commissioner must not directly or indirectly engage in paid employment outside the duties of the office of Information Commissioner...6F...(5) The Public Access Deputy Commissioner must not directly or indirectly engage in paid employment outside the duties of the office of Public Access Deputy Commissioner...6M (1) The Information Commissioner ceases to hold office if the Information Commissioner—...(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or (e) nominates for election as a member of a council...6M (2) The Public Access Deputy Commissioner ceases to hold office if the Deputy Commissioner—...(d) nominates for election for the Parliament of Victoria or of the Commonwealth or of another State or a Territory of the Commonwealth; or (e) nominates for election as a member of a council	No professional expertise requirements, only limited restrictions on political connections.
5. Appeals	41	The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies.	Score 1 point for reviewing classified documents, 1 point for inspection powers	2	Partially	1	6K(1) The Information Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Information Commissioner's functions.(2) The Public Access Deputy Commissioner has power to do all things that are necessary or convenient to be done for or in connection with the performance of the Deputy Commissioner's functions...49KB During a review under this Division, the Information Commissioner may issue a notice to produce or attend on a principal officer on behalf of an agency or Minister, in accordance with Part VIC...61U(1) A notice to produce or attend may require a person— (a) to produce a specified document to the Information Commissioner by or before a specified time and in a specified manner; or (b) to attend at a specified time and place on a specified date to produce documents to the Information Commissioner; or (c) to attend an examination before the Information Commissioner to give evidence and to produce documents at a specified time and place on a specified date; or (d) to attend the Information Commissioner at a specified time and place to produce a specified document. 61Z Without limiting what is a reasonable excuse for the purposes of section 61X, it is a reasonable excuse for a person to refuse or fail to comply with a requirement set out in the notice if the information or document— (a) is an exempt document under section 29A; or (b) is information that if included in a document would make that document an exempt document under section 29A. 61ZA (1) Subject to subsection (3), and without limiting what is a reasonable excuse for the purposes of section 61X, it is a reasonable excuse for a person to refuse or fail to comply with a requirement set out in the notice if— ... (b) the information or document— (i) is an exempt document under section 32; or (ii) is information that if included in a document would make that document an exempt document under section 32.	One point deducted for lack of explicit provision for inspecting premises. There is also an exception to the requirement to produce documents in respect of s. 32 exempt documents.
5. Appeals	42	The decisions of the independent oversight body are binding.	Score N=0, Y=2 points	2	Partially	1	49P(2) The decision of the Information Commissioner has the same effect as a decision of the agency or Minister…61L (1) After considering the complaint and any submissions and documents received in relation to the complaint, the Information Commissioner may make any recommendations to the agency, the principal officer or the Minister (as the case requires) in relation to the complaint that the Commissioner considers appropriate. (2) The recommendations may include suggestions for improvements to the policies, procedures and systems of the agency in relation to compliance with this Act.	Decisions on appeals are binding but, when deciding complaints, the Commissioner can only make recommendations. Complaints cover, among other things, failure to respect timelines, so this is enough of a limitation to warrant a point deduction. Also, the Commission does not have any power to enforce appeal decisions, which is a serious shortcoming.
5. Appeals	43	In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information.	1 for partial, 2 for fully	2	Partially	1	29A(2) For the purposes of this Act— (a) a certificate signed by a Department Head or the Chief Commissioner of Police certifying that a document as described in a request is or, if it existed, would be one of a kind referred to in subsection (1), (1A) or (1B) establishes that the document is or, if it existed, would be an exempt document; (b) a certificate signed by a Department Head or the Chief Commissioner of Police certifying that a document as described in a notice to produce or attend is or, if it existed, would be one of a kind referred to in subsection (1), (1A) or (1B) establishes that the document is or, if it existed, would be an exempt document; (c) a certificate signed by a Department Head or the Chief Commissioner of Police certifying that information described in a notice to produce or attend would, if included in a document, make that document one of a kind referred to in subsection (1), (1A) or (1B), establishes that the information described is information that if included in a document would make that document an exempt document. (3) The Information Commissioner must not conduct a review, handle a complaint or conduct an investigation in respect of— (a) a certificate under subsection (2); or (b) a question whether a document is, or whether a document including the information would be, of a kind referred to in subsection (1), (1A) or (1B); or (c) a decision to sign a certificate under subsection (2)...49 KA (2) During the review, the Information Commissioner may give a notice to an agency or Minister to require the agency or Minister— (a) in the case of a decision of an agency under section 25A(1) or 25A(5), to process or identify a reasonable sample of the documents to which the request relates; or (b) in any other case, to further search or to cause a further search to be undertaken for documents in the possession, custody or control of the agency or Minister...49P (1) After conducting a review of a decision of an agency or Minister, the Information Commissioner must make a fresh decision on the original application. (2) The decision of the Information Commissioner has the same effect as a decision of the agency or Minister.	One point deducted due to Information Commissioner's inability to review certificates under 29A(3)
5. Appeals	44	Requesters have the right to lodge a judicial appeal.	1 for partially, 2 for fully.	2	YES	2	50(1) Subject to this section, an applicant may apply to the Tribunal for review of—(b) a decision of the Information Commissioner refusing to grant access to a document in accordance with a request; (c) a decision of the Information Commissioner deferring the provision of access to a document; (d) a decision of an agency or Minister refusing to grant access to a document in accordance with a request, if the Information Commissioner has made a determination under section 49G(1) in respect of that request; (e) a decision of an agency or a Minister refusing to grant access to a document that is claimed to be exempt under section 29A; (ea) a decision of an agency or a Minister refusing to grant access to a document or refusing to amend a document, or a decision of a principal officer refusing to specify a document in a statement, that is taken to have been made under section 53; (g) a decision as to the amount of a charge that is required to be paid before access to a document is granted, whether or not the charge has already been paid by the applicant, if the Information Commissioner has certified that the matter is one of sufficient importance for the Tribunal to consider.	They have a right to apply for review by the Victorian Civil and Administrative Tribunal, whose decisions can be appealed to a court on questions of law.
5. Appeals	45	Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance.	1 for free, 1 for no lawyer required.	2	YES	2	N/A	Not explicitly mentioned, but benefit of the doubt given. No mention of fees on the Information Commissioner's website.
5. Appeals	46	The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.).	Score 1 point for appealing refusals, additional points for appealing other violations.	4	Partially	2	29A(2) For the purposes of this Act— (a) a certificate signed by a Department Head or the Chief Commissioner of Police certifying that a document as described in a request is or, if it existed, would be one of a kind referred to in subsection (1), (1A) or (1B) establishes that the document is or, if it existed, would be an exempt document; (b) a certificate signed by a Department Head or the Chief Commissioner of Police certifying that a document as described in a notice to produce or attend is or, if it existed, would be one of a kind referred to in subsection (1), (1A) or (1B) establishes that the document is or, if it existed, would be an exempt document; (c) a certificate signed by a Department Head or the Chief Commissioner of Police certifying that information described in a notice to produce or attend would, if included in a document, make that document one of a kind referred to in subsection (1), (1A) or (1B), establishes that the information described is information that if included in a document would make that document an exempt document. (3) The Information Commissioner must not conduct a review, handle a complaint or conduct an investigation in respect of— (a) a certificate under subsection (2); or (b) a question whether a document is, or whether a document including the information would be, of a kind referred to in subsection (1), (1A) or (1B); or (c) a decision to sign a certificate under subsection (2).49A(1) An applicant may apply to the Information Commissioner for review of— (a) a decision of an agency or a Minister refusing to grant access to a document in accordance with a request; or (b) a decision under section 24 by an agency or Minister deferring the provision of access to a document; or (c) a decision of an agency or Minister not to waive or reduce an application fee under section 17, whether or not the fee has already been paid by the applicant...(4) An application cannot be made under this section in relation to a decision of an agency or a Minister refusing to grant access to a document on the basis that the document is claimed to be exempt under section 29A...49G(1) The Information Commissioner may determine not to accept an application for review or dismiss a review at any stage if—...(d) the Commissioner considers that a review is not appropriate in the circumstances;...61A(1) A complaint may be made to the Information Commissioner in accordance with this Part about any of the following— (a) an action taken or failed to be taken by an agency in the performance or purported performance of the agency's functions and obligations under this Act, including a decision by an agency that a document does not exist or cannot be located; (ab) an action taken or failed to be taken by a principal officer in the performance or purported performance of the principal officer's functions and obligations under Part IB or II; (b) a delay by a Minister in dealing with a request; (ba) a decision by a Minister that a document does not exist or cannot be located; (c) an action taken or failed to be taken by a Minister in making a decision under section 24 deferring access to a document; (d) an action taken or failed to be taken by a Minister in making a decision to disclose a document that is claimed to be exempt under section 33; (e) an action taken or failed to be taken by a Minister in making a decision to disclose a document that is claimed to be exempt under section 34; (f) a failure by a Minister to comply with Ministerial professional standards.... 49G(d) the Commissioner considers that a review is not appropriate in the circumstances...50(5A) Where a certificate has been given in respect of a document under section 29A(2), the powers of the Tribunal do not extend to reviewing the decision to give the certificate and shall be limited to determining the question whether there exist reasonable grounds for the claim that the document is an exempt document under section 29A…61B(1) The Information Commissioner may—(b) determine not to accept a complaint or dismiss a complaint at any stage. (2) Without limiting subsection (1)(b), the Information Commissioner may determine not to accept a complaint or may dismiss a complaint on any of the following grounds—…(g) the Commissioner considers that a complaint is not appropriate in the circumstances;...	Points deducted due to the somewhat limited grounds for review (e.g. not covering excessive fees, only refusals to waive fees), as well as overbroad grounds for not conducting a review where the Commissioner deems it inappropriate (49G(1)(d)) and for not accepting complaints (61B(1)). Limitations on reviews of certificates under 29A already accounted for under Indicator 43. Although the grounds for complaints are broad, these are not binding in nature, unlike appeals.
5. Appeals	47	Clear procedures, including timelines, are in place for dealing with external appeals.	Score 1 point for clear procedures, 1 point for timelines.	2	YES	2	49B(1) Subject to this section, an application by a person to the Information Commissioner for review of a decision under this Division must be made within 28 days after the day on which notice in writing of the decision is given to the person. (2) If the application for review relates to a decision to refuse to grant a person access to a document containing health information on the ground referred to in section 36 of the Health Records Act 2001, the application must be made within 70 days after the day on which notice in writing of the decision is given to the person. (3) The Information Commissioner may accept an application for review made outside the period referred to in subsection (1) or (2) if satisfied that the application is made out of time because of an act or omission of the agency or Minister concerned. 49C Form of application An application for review under this Division must—(a) be in writing; and (b) identify— (i) the agency or Minister concerned; and (ii) the decision to be reviewed; and (c) include any other prescribed information….49H(1) The Information Commissioner must conduct a review in a timely, efficient and fair manner, with as little formality and technicality as possible. (2) The Information Commissioner must give each party to the review a reasonable opportunity to make submissions in writing in relation to the review. (3) Subject to this section, the Information Commissioner is bound by the rules of natural justice in conducting a review…49J(2) At the end of the required period, the Information Commissioner is taken, for the purposes of an application to the Tribunal for review, to have made a decision—(a) refusing to grant access to the document in accordance with the request; or (b) deferring the provision of access to a document; or (c) not to amend the document pursuant to a request under section 39—as the case requires. (3) In this section the required period is— (a) 30 days after the application for review by the Information Commissioner is received; or (b) if that period is extended or further extended, that period as extended. (4) The Information Commissioner may extend the period referred to in subsection (3)(a) by agreement in writing with the applicant, any number of times. (5) The period referred to in subsection (3)(a) cannot be extended or further extended under this section if that period has expired.	We note, however, that there are no timelines for decisions by the Victorian Civil and Administrative Tribunal, which serves as the appellate body from the Commission.
5. Appeals	48	In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules.	Score Y/N and award 2 points for yes.	2	Partially	1	55(2) In proceedings under this Division (except under section 50(3D)), the agency or Minister to which or to whom the request was made has the onus of establishing that a decision given in respect of the request was justified or that the Tribunal should give a decision adverse to the applicant.	Onus is mentioned for appeals to the Victorian Civil and Administrative Tribunal. No similar mention for the Commission. This is likely because it makes a fresh decision. But the lack of any burden in matters before the Commission warrants the loss of a point.
5. Appeals	49	The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management)	1 for partial, 2 for fully.	2	Partially	1	61L (1) After considering the complaint and any submissions and documents received in relation to the complaint, the Information Commissioner may make any recommendations to the agency, the principal officer or the Minister (as the case requires) in relation to the complaint that the Commissioner considers appropriate. (2) The recommendations may include suggestions for improvements to the policies, procedures and systems of the agency in relation to compliance with this Act.	Can recommend but not impose improvements as an outcome of the complaint procedure.
6. Sanctions & Protections	50	Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information.	Score 1 point for sanctions for underming right, 1 point for destruction of documents	2	Partially	1	63F(1) A person must not, without reasonable excuse, wilfully obstruct, hinder or resist the Information Commissioner, the Public Access Deputy Commissioner, a delegate of the Information Commissioner or the Public Access Deputy Commissioner or a member of staff of the Office of the Victorian Information Commissioner, in— (a) performing, or attempting to perform, a function or duty under this Act; or (b) exercising, or attempting to exercise, a power under this Act. (2) A person must not, without reasonable excuse, provide information or make a statement to the Information Commissioner, the Public Access Deputy Commissioner, a delegate of the Information Commissioner or the Public Access Deputy Commissioner, or a member of staff of the Office of the Victorian Information Commissioner knowing that it is false or misleading in a material particular. (3) A person must not, without reasonable excuse, mislead or attempt to mislead the Information Commissioner, the Public Access Deputy Commissioner, a delegate of the Information Commissioner or the Public Access Deputy Commissioner, or a member of staff of the Office of the Victorian Information Commissioner.	Limited to offences with respect to misleading, obstructing, etc. of the oversight body.
6. Sanctions & Protections	51	There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them).	Score 1 point for either remedial action or sanctions, 2 points for both	2	NO	0	N/A	Not mentioned.
6. Sanctions & Protections	52	The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law.	Score 1 for oversight body, 1 for immunity for others	2	Partially	1	62 (1) Where access has been given to a document and— (a) the access was required or permitted by this Act to be given; or (b) the access was authorized by a Minister, or by an officer having authority, in accordance with section 26 or Division 1 of Part VI, to make decisions in respect of requests, in the bona fide belief that the access was required by this Act to be given— no action for defamation or breach of confidence lies against the Crown, an agency, a Minister or an officer by reason of the authorizing or giving of the access, and no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of the access lies against the author of the document or any other person by reason of that author or other person having supplied the document to an agency or Minister. (1A) Subsection (1) applies in relation to a document of a council as if for "Minister" (except where lastly occurring) there were substituted "council, a member of a council". (2) The giving of access to a document (including an exempt document) in consequence of a request shall not be taken for the purpose of the law relating to defamation or breach of confidence to constitute an authorization or approval of the publication of the document or its contents by the person to whom access is given. … 63 Where access has been given to a document and— (a) the access was required or permitted by this Act to be given; or (b) the access was authorized by a Minister or a council, or by an officer having authority, in accordance with section 26 or Division 1 of Part VI, to make decisions in respect of requests in the bona fide belief that the access was required by this Act to be given— neither the person authorizing the access nor any other person concerned in the giving of the access is guilty of a criminal offence by reason only of the authorizing or giving of the access.	This only applies to officials and not the Commissioner or her staff.
6. Sanctions & Protections	53	There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers).	Score 2 for strong protections, 1 for moderate protections	2	YES	2	62 (1) Where access has been given to a document and— (a) the access was required or permitted by this Act to be given; or (b) the access was authorized by a Minister, or by an officer having authority, in accordance with section 26 or Division 1 of Part VI, to make decisions in respect of requests, in the bona fide belief that the access was required by this Act to be given— no action for defamation or breach of confidence lies against the Crown, an agency, a Minister or an officer by reason of the authorizing or giving of the access, and no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the giving of the access lies against the author of the document or any other person by reason of that author or other person having supplied the document to an agency or Minister....63 Where access has been given to a document and— (a) the access was required or permitted by this Act to be given; or (b) the access was authorized by a Minister or a council, or by an officer having authority, in accordance with section 26 or Division 1 of Part VI, to make decisions in respect of requests in the bona fide belief that the access was required by this Act to be given— neither the person authorizing the access nor any other person concerned in the giving of the access is guilty of a criminal offence by reason only of the authorizing or giving of the access. (2) The giving of access to a document (including an exempt document) in consequence of a request shall not be taken for the purpose of the law relating to defamation or breach of confidence to constitute an authorization or approval of the publication of the document or its contents by the person to whom access is given. See also Australia's Public Interest Disclosure Act.	Australia has a dedicated whistleblowing law, the Public Interest Disclosure Act. Victoria also has such a law in the form of the Public Interest Disclosures Act 2012 (Vic) (https://content.legislation.vic.gov.au/sites/default/files/2021-12/12-85aa026%20authorised.pdf). In addition, the RTI law has some protections for access required or permitted by the Act.
7. Promotional Measures	54	Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations.	Score Y/N, Y=2 points	2	NO	0	5(1)...principal officer means— (a) in relation to a department, the person employed as or performing the duties of the Department Head within the meaning of the Public Administration Act 2004; and (aa) in relation to a council, the person holding, or performing the duties of, the office of chief administrative officer of the council (by whatever name called); and (b) in relation to a prescribed authority— (i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or (ia) in the case of Court Services Victoria—the person holding the office or performing the duties of the Chief Executive Officer of Court Services Victoria; or (ii) in any other case—the person who constitutes that authority or, if the authority is constituted by two or more persons, the person who is entitled to preside at any meeting of the authority at which he is present;	The law assigns duties to the "principal officer". While Professional Standard 9 expands on what is required of a Principal Officer, there is no requirement to appoint a dedicated information officer.
7. Promotional Measures	55	A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information.	Score Y/N, Y=2 points	2	YES	2	6I (2) The Information Commissioner and the Public Access Deputy Commissioner each have the following functions—(a) to promote understanding and acceptance by agencies and the public of this Act and the object of this Act; (b) to provide advice, education and guidance to agencies and the public in relation to compliance with the professional standards; (c) to monitor compliance with professional standards;…(f) to provide advice, education and guidance to agencies and the public in relation to the Information Commissioner's functions. 6U (1) The Information Commissioner may develop professional standards relating to— (a) the conduct of agencies in performing functions under this Act; and (b) the administration of this Act in relation to agencies and the operation of this Act by agencies.
7. Promotional Measures	56	Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law.	Score Y/N, Y=2 points	2	YES	2	6I (2) The Information Commissioner and the Public Access Deputy Commissioner each have the following functions—(a) to promote understanding and acceptance by agencies and the public of this Act and the object of this Act; (b) to provide advice, education and guidance to agencies and the public in relation to compliance with the professional standards; …(f) to provide advice, education and guidance to agencies and the public in relation to the Information Commissioner's functions.
7. Promotional Measures	57	A system is in place whereby minimum standards regarding the management of records are set and applied.	Score Y/N, Y=2 points	2	YES	2	See Public Records Act 1973
7. Promotional Measures	58	Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public.	Score Y/N, Y=2 points	2	Partially	1	7(1) The responsible Minister of an agency, other than a council, shall—(a) cause to be published as soon as practicable after the commencement of this Part in a form approved by the Minister administering this Act—...(ii) a statement of the categories of documents that are maintained in the possession of the agency;...(b) during the year commencing on 1 January next following the publication, in respect of an agency, of the statements under paragraph (a) that are the statements first published under that paragraph, and during each succeeding year, cause to be published statements bringing up to date the information contained in the previous statements.	Just a list of categories of documents. We understand that in practice no agency produces the lists required in Part II of the Act, into which s. 7 falls and that Part II is difficult, if not impossible for agencies to comply with, given its age and overly technical language. It is significantly outdated and requires significant review.
7. Promotional Measures	59	Training programs for officials are required to be put in place.	Score Y/N, Y=2 points	2	Partially	1	Professional Standards, 9 Statement. An agency must administer the Act with a view to making the maximum amount of government information available to the public promptly and inexpensively – section 16(1) of the Act. This requires a principal officer to ensure their agency and its officers have the resources and training to administer the Act...9.2 A principal officer must ensure, or must be actively working towards ensuring, all officers who are responsible for responding to requests have the appropriate skills and training to perform their responsibilities. 9.4 A principal officer must ensure all officers are informed about the agency’s statutory obligations under the Act. 9.5 A principal officer must ensure all officers are aware they have a duty to assist and cooperate with officers who process requests under the Act.	Since this requirement is not in the Act but in the PS, there is no penalty for not meeting training requirements hence one point deducted here.
7. Promotional Measures	60	Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with.	Score Y/N, Y=2 points	2	Partially	1	64B An agency, principal officer or Minister must give the Information Commissioner any information referred to in section 64(2) in relation to the agency, principal officer or Minister.	Required to provide information necessary for the Commissioner's consolidated report but no independent report required to be published.
7. Promotional Measures	61	A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law.	Score Y/N, Y=2 points	2	YES	2	64(1) As soon as practicable after the end of each financial year, the Information Commissioner must prepare an annual report on the operation of this Act during that year. (2) The report must contain information relating to the following for the relevant year— (a) the number of requests made to each agency and to each Minister; (b) the number of decisions that an applicant was not entitled to access to a document on a request, the provisions of this Act under which these decisions were made and the number of times each provision was invoked; (c) the name and designation of each officer of an agency with authority to make a decision in relation to a request, and the number of decisions made by each officer that an applicant was not entitled to access to a document pursuant to a request; (d) the number of applications for review of a decision by the Information Commissioner under Division 1 of Part VI and the decisions on the applications; (e) the number of applications to the Tribunal under section 50 and in respect of each application— (i) the decision of the Tribunal; and (ii) the details of any other order made by the Tribunal; and (iii) if the decision in respect of which the application was made was a decision that an applicant is not entitled to access to a document in accordance with a request, the provision of this Act under which the first-mentioned decision was made; (f) the number of complaints made to the Information Commissioner under Part VIA; (g) the number of notices served on the principal officer of an agency under section 12(1) and the number of decisions by the principal officer under that section that are adverse to a person's claim; (h) details of any disciplinary action taken against any officer in respect of the administration of this Act; (i) details of any recommendations made by the Information Commissioner under Part VIA; (j) the amount of any charges collected by each agency and Minister under this Act; (k) details of any reading room or other facility provided by the agency or Minister for use by applicants or members of the public, and the publications, documents or other information regularly on display in that reading room or other facility; (l) details of any difficulties met in the administration of this Act in relation to staffing and costs; (m) any other facts that indicate an effort by the agency or Minister to administer and implement the spirit and intention of this Act...(5) The Information Commissioner must transmit the annual report for a year to each House of the Parliament to be laid before that House on the same day that the annual report of the Information Commissioner under the Financial Management Act 1994 for that year is laid before that House.

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Victoria (Australia)

Introduction

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1. Right of Access

1. Right of Access

1. Right of Access

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

2. Scope

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

3. Requesting Procedures

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

4. Exceptions & Refusal

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

5. Appeals

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

6. Sanctions & Protections

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures

7. Promotional Measures