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Latest Case

Advising on market-changing divestments September 25, 2018

Maddocks  acted for the founder of Australia’s largest private pilot training school, Soar Aviation, on the group’s 50 percent sale to Australian private equity investor The Growth Fund. Soar Aviation was started in 2012 by … Continued

Latest News

Making a difference: Maddocks senior associate wins Australian Young Lawyer of the Year October 22, 2018

Monday 22 October 2018 Maddocks senior associate Tamsin Webster has been awarded the 2018 Australian Young Lawyer of the Year by the Law Council of Australia. Tamsin, a member of the firm’s Employment, Safety and … Continued

Latest Article

Government Procurement (Judicial Review) Act 2018 (Cth) expands scope for challenges to Commonwealth procurement decisions October 18, 2018

On 18 October 2018, the Senate passed the Government Procurement (Judicial Review) Bill 2017 (Cth) (the Bill) without amendment. The Bill received Royal Assent on 19 October 2018. The Government Procurement (Judicial Review) Act 2018 (Cth) … Continued

FOI changes about to commence

Significant changes to the Victorian Freedom of Information Act 1982 are about to take effect that have implications for councils.

The changes include:

  • New Office of the Victorian Information Commissioner, comprising the Information Commissioner, the Public Access Deputy Commissioner (for FOI matters) and the Privacy and the Data Protection Deputy Commissioner (for privacy matters)
  • Less time to respond to FOI requests, being 30 days down from 45 days (although this can be extended in some instances)
  • Extended consultation and notification requirements, including individuals being consulted about release of their personal information before a decision is made on an FOI request, which is likely to add significantly to FOI officers’ workloads
  • New Commissioner search powers, which may require councils to undertake specific searches for documents, including emails
  • New Commissioner coercive and investigative powers over councils and their CEOs.

Councils will need to review their FOI processes to ensure they can meet the reduced timeframes with the increased workload.  In particular, councils should review their document management and search processes to ensure all relevant documents are located in response to an FOI request as soon as possible.

The changes take effect on Friday, 1 September 2017.

View a version of the FOI Act with the changes shown in ‘track changes’.

Author:
Melanie Olynyk | Partner
61 3 9258 3695
melanie.olynyk@maddocks.com.au

Significant changes to the Victorian Freedom of Information Act 1982 are about to take effect that have implications for councils.

The changes include:

  • New Office of the Victorian Information Commissioner, comprising the Information Commissioner, the Public Access Deputy Commissioner (for FOI matters) and the Privacy and the Data Protection Deputy Commissioner (for privacy matters)
  • Less time to respond to FOI requests, being 30 days down from 45 days (although this can be extended in some instances)
  • Extended consultation and notification requirements, including individuals being consulted about release of their personal information before a decision is made on an FOI request, which is likely to add significantly to FOI officers’ workloads
  • New Commissioner search powers, which may require councils to undertake specific searches for documents, including emails
  • New Commissioner coercive and investigative powers over councils and their CEOs.

Councils will need to review their FOI processes to ensure they can meet the reduced timeframes with the increased workload.  In particular, councils should review their document management and search processes to ensure all relevant documents are located in response to an FOI request as soon as possible.

The changes take effect on Friday, 1 September 2017.

View a version of the FOI Act with the changes shown in ‘track changes’.

Author:
Melanie Olynyk | Partner
61 3 9258 3695
melanie.olynyk@maddocks.com.au