Freedom of Information

The year in review - where in the world are we?

May 2008 - Seminar Paper

This seminar paper commences with the latest statistical information on FOI applications to agencies, and to the VCAT. It then provides an update in relation to recent FOI case law, in respect of:

• the Cabinet documents exemptions in s 28(1)
• ‘world at large’ and the personal privacy exemption in s 33(1)
• public interest override in s 50(4)

Finally, the paper considers the Charter of Human Rights and FOI, and the FOI amendments which were voted down in the Victorian Parliament earlier this year.

Joanne Kummrow
Senior Solicitor
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This seminar paper commences with a ‘potted history’ of FOI in an international context, and looks to the link between FOI and contemporary notions of democracy, including human rights
and open government.

It then looks to FOI comparatively, with a particular focus on the UK legislation and topical issues such as delays, vexatious applications, the
appeals process and the Information Commissioner. The paper concludes with the current review of FOI by the Australian Law Reform Commission, and looks in particular to its terms of reference.

Michele Rowland
Senior Solicitor