Peter A Clarke

The Victorian Legislative Council passed the Freedom of Information Amendment (Office of the Victorian Information Commissioner) Bill 2016 yesterday.

The Act represents a significant restructure of the administration of Freedom of Information and Privacy.  Both functions will be administered in a newly created Information Comissioner’s Office.   The Privacy and Data Protection Commissioner has been subsumed into this office and is now a Deputy Commissioner.

The stated purpose of the Act is to:

• regarding the Freedom of Information Act 1982 —
  • to establish the Office of the Victorian Information Commissioner and abolish the Freedom of Information Commissioner;
  • to appoint the Information Commissioner and the Public Access Deputy Commissioner;
  • to allow the Information Commissioner to review decisions made by Ministers and principal officers;
  • to allow the Information Commissioner to review decisions to exempt Cabinet documents;
  • to provide for limited use of Cabinet certificates;
  • to reduce timeframes for responding to requests;
  • to make amendments relating to professional standards;
  • to provide for the Information Commissioner to conduct investigations;
  • to clarify the exemptions for certain IBAC documents; and
  • to make other amendments to improve the operation of that Act;
• regarding the Privacy and Data Protection Act 2014
  • to abolish the Commissioner for Privacy and Data Protection and confer the Commissioner’s functions on the Information Commissioner; and
  • to appoint the Privacy and Data Protection Deputy Commissioner;

The Bill has had a long gestation and not without controversy.  It was amended by the Legislative Council, though not significantly. The amendment was resisted by the first and last Privacy and Data Commissioner, David Watts as the article Reform row: Victorian privacy and data watchdogs to merge in radical restructure by Andrews Government makes clear.  Today was his last day as Commissioner.

It provides:

The Privacy and Data Protection Commissioner and the Freedom of Information Commissioner will be rolled into one this year, under a controversial bill passed in the Victorian upper house last night.

The proposed plan, which stalled for almost a year, passed the Legislative Council and will be voted in on the lower house today, with the changes to be adopted as soon as possible.

The move has raised concern in political circles and comes after a parliamentary committee investigated why the offices were being merged.

Special Minister of State Gavin Jennings said the bill was about allowing agencies to “share’’ information.

However, Opposition privacy spokesman Gordon Rich-Phillips rallied against the changes, saying he was stumped by the government’s move.

“There was essentially no interaction required between the office of the FOI commissioner and the office of the commissioner for privacy and data protection in their day-to-day work, which suggested this integration of the two offices was not a primary need in them being able to undertake policy co-ordination,’’ Mr Rich-Phillips said.

Privacy Commissioner David Watts told the Herald Sun he was saddened by the news the restructure would go ahead.

“It is certainly a sad day for privacy and data protection in Victoria,’’ he said.

“It is an attack on the independence of our office and it will clearly impact Victorians.’’

It is understood an interim commissioner would be appointed in the coming weeks.

The vote came amid an ongoing probe by the privacy commissioner, into Premier Daniel Andrews’s after his controversial bid to audit ministers’ mobile phones following a cabinet leak.

In December, ministers were told they would have to give their phones to KPMG consultants trying to find the source of the information about police resources.

The Premier’s plan was called a “witch hunt’’ and “Stalinist” by some concerned Labor MPs, prompting an investigation by the privacy Commissioner.

Mr Watts has said he was repeatedly he was blocked during the investigation by both the Premier’s office and the Department of Premier and Cabinet.