Review of Professional Standards by KPMG
The Office of the Victorian Information Commissioner (OVIC) welcomes the publishing and recommendations of KPMG’s report (the Report) following an independent review of the FOI Professional Standards.
The FOI Professional Standards (the Standards) were issued by the former Information Commissioner on 2 December 2019. The Standards are a binding legislative instrument issued under section 6U of the Freedom of Information Act 1982 (the FOI Act).
The aim of the Standards is to ensure the FOI Act is administered by agencies consistently with:
- the Act’s object – to extend as far as possible the right of the community to access information in the possession of an agency subject to the Act; and
- Parliament’s intention – that the provisions of the Act are interpreted so as to further its object and any discretions conferred by the Act are to be exercised as far as possible to facilitate and promote the prompt disclosure of information at the lowest reasonable cost.
The Standards apply to every Victorian agency subject to the FOI Act. This includes government departments, statutory authorities, public hospitals, councils, TAFEs and universities. The Standards do not apply to Ministers.
Pursuant to section 6X of the FOI Act, the Information Commissioner must review the Standards at least once every four years.
Following a competitive selection process, OVIC engaged KPMG to undertake an assessment of the level of agency knowledge and understanding of, and engagement with, the Standards, including any barriers to compliance with the Standards.
Between August and November 2024, KPMG undertook workshops with a cross section of Victorian government agencies to gather information in relation to the operation of the Standards, including barriers to compliance, challenges in the administration of the Standards and the effectiveness, practicality, adequacy, and relevance of the Standards. KPMG engaged with OVIC staff to obtain feedback and information in relation to how the Standards operation, the resources and tools designed by OVIC for agencies, and its internal FOI processes, governance structures, and monitoring activities.
On 23 August 2024, KPMG provided OVIC with its final report, making 27 recommendations to uplift and improve the operation of the Standards. OVIC welcomes the Report which we consider provides practical advice and recommendations to enhance the Standards and improve FOI practices across the Victorian Public Sector.
OVIC supports the majority of the 27 recommendations made, and our initial responses to the Report can be found here. In relation to the recommendations made, OVIC will be updating Standards. Pursuant to section 6U(4) of the FOI Act, OVIC will consult on the draft updated Standards and agencies and interested parties will have the opportunity to provide feedback and comments. This consultation will occur in early 2025.
OVIC is committed to ensuring the Standards remain fit for purpose in assisting agencies to administer the FOI Act as Parliament intended and that they give the FOI Act a modern interpretation, both in practice and process.
