A culture of secrecy rules in Victoria's public service when it comes to releasing documents under Freedom of Information (FoI) laws, the state's Ombudsman says.
In his 2008-09 annual report, Ombudsman George Brouwer said that during a number of investigations into FoI complaints he found an emphasis on protecting documents rather than releasing them.
"I remain concerned about the culture surrounding FoI practices in some areas of the public sector," he said in his report tabled in state parliament on Wednesday.
"Often, agencies act against the intention of the FoI Act by restricting rather than facilitating the release of information."
Mr Brouwer said there were some examples in the public sector of an open culture in handling FoI requests.
"However, the predominant culture in many agencies is to use FoI to prevent the release of documents, rather than to use it according to its intended purpose: as a means to allow scrutiny of an open and transparent government."
There was a 40 per cent increase in FoI complaints last financial year. There were 178 FoI complaints in 2008-09, compared with 125 in 2007-08.
Some of the exemptions that can prevent documents being released under the FoI Act include cabinet documents and those deemed to be provided to an organisation in confidence.
Mr Brouwer highlighted one occasion when the Department of Transport used the cabinet-in-confidence provision as a reason to refuse access to requested documents.
After the FoI applicant appealed the decision, the department sought legal advice and was told it had less than a 50 per cent chance of winning.
The department did not advise the secretary of its unlikely success before taking its case to the Victorian Civil and Administrative Tribunal (VCAT) and the Court of Appeal.
"Both VCAT and the Court of Appeal clearly and unambiguously rejected the department's argument," Mr Brouwer said.
"Further, it was impossible to determine who, if anyone, approved the instruction to lodge an appeal."
Deputy Premier and Attorney-General Rob Hulls earlier this week told parliament that all departments would be required to publish commonly-sought documents twice yearly on their websites.
The documents include details of consultancies worth less than $100,000 and cabcharge expenditure. The salaries of executive officers will be published every 12 months.
Opposition Leader Ted Baillieu said the government treated FoI with contempt.
"These are the seeds of corruption. When the public sector and the government conceal information, not reveal information, then this is the very culture which leads to the sort of breakdown of community trust and the abuse of office which has taken place in Brimbank."
Mr Hulls defended the government's record.
"The current system is delivering 97 per cent partial or full access to FoI documents, with complaints to the Ombudsman running at 0.6 per cent of 28,000 requests," he said in a statement on Wednesday.
"I have recently advised the Ombudsman of a proposed revision of FoI guidelines for departments and agencies and am waiting for his response.
"These guidelines will further promote accountability and transparency in relation to FoI."
ninemsn 16 Sep 2009
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