Section 6I - Freedom of information functions

Section 6I outlines the Information Commissioner’s and Public Access Deputy Commissioner’s freedom of information (FOI) functions. The section also clarifies the functions that can only be exercised by the Information Commissioner.

The Information Commissioner and Public Access Deputy Commissioner each have the following FOI functions:

• to promote understanding and acceptance by agencies and the public of this Act and the object of the Act;
• to provide advice, education and guidance to agencies and the public in relation to compliance with the Professional Standards;
• to monitor compliance with Professional Standards;
• to conduct reviews of decisions by agencies and Ministers on requests;
• to receive and handle complaints; and
• to provide advice, education and guidance to agencies and the public regarding the Information Commissioner’s functions.²

In addition to the functions outlined above, the Information Commissioner also has the function to:

• employ staff or engage contractors under section 6Q;
• develop or review Professional Standards under section 6U or section 6X;
• prepare reports under section 64, section 64A or section 65AB;
• provide advice, at the request of the Minister, about the operation and administration of the Act;
• conduct investigations under Part VIB;
• investigate public interest complaints that relate to conduct relevant to the functions of the Information Commissioner;⁶ and
• commence proceedings for an offence under the Act in accordance with section 63G.

While only the Information Commissioner may perform the functions outlined above,⁷ the Information Commissioner may delegate to the Public Access Deputy Commissioner the power to undertake an investigation under Part VIB.⁸

A key function of the Information Commissioner and Public Access Deputy Commissioner is to provide education and guidance to agencies subject to the Act and to the public, to promote understanding of the Act and of the Commissioners’ functions.¹¹

Increased awareness and understanding of the Act and access to information help to make the Victorian Government more transparent, accessible, and accountable.

The Office of the Victorian Information Commissioner’s (OVIC) goal is to embed best practice information management and access to information in the Victorian public sector.

In establishing OVIC, Parliament expanded the Information Commissioner and Public Access Deputy Commissioner’s education function to include guidance for the public, recognising the important role an informed and empowered public has in keeping the Victorian Government accountable.¹²

Only the Information Commissioner has the power to develop Professional Standards in accordance with Part IB. However, both the Information Commissioner and the Public Access Deputy Commissioner have the function to:

• provide education and guidance to agencies and the public regarding how to meet obligations in the Professional Standards; and
• monitor compliance with the Professional Standards.¹⁴

This education function, like the general education function noted above, applies to both agencies and the public, recognising that increased awareness and understanding of the Professional Standards helps to make the Victorian Government more transparent, accessible, and accountable.