Baillieu in backflip on FOI standards
Farrah Tomazin
June 10, 2012


IN THE latest policy backflip to undermine Ted Baillieu's pledge for openness and transparency, the Premier has removed one of the key functions of the long-awaited Freedom of Information watchdog and handed it to a government minister.   

At the last state election, Mr Baillieu promised the new watchdog would develop and enforce professional standards for bureaucrats dealing with FOI requests - a move the Coalition claimed would tackle ''the culture of secrecy'' that had plagued the system.

But the government now admits Victoria's first FOI commissioner - who will investigate complaints and review decisions by departments refusing to release information - will no longer have the authority to set FOI standards.   


This power has instead been given to the minister in charge of the reforms, Liberal frontbencher Andrew McIntosh.

''After some consideration, it was felt that a minister - namely, me - will set the standards in relation to FOI,'' Mr McIntosh revealed during a recent budget estimates hearing.

''It will then be the FOI commissioner's responsibility to monitor those and indeed ultimately report to Parliament as to whether they are being achieved.''

The government has justified the backflip by saying it is no longer ''desirable'' to have the same body formulating FOI standards and monitoring them.

It has also refused to say whether or not breaches would result in any penalties, such as demotion, despite this also being promised.

The Coalition's election policy stated: ''For the first time in Victoria, the FOI commissioner will be charged with developing and enforcing professional standards for all FOI officers in government departments and agencies. Failure to comply … will subject FOI officers to a range of sanctions, including demotion.''

The Sunday Age understands the government struggled to find someone to take on the role of its inaugural FOI commissioner, which experts have branded a ''toothless tiger'' due to its limited authority. Legislation shows it will not have the power to:

■Review decisions by ministers or department heads.

■Release ''cabinet-in-confidence'' documents or anything relating to national security.

■Compel agencies to act on recommendations.

■Conduct ''own motion'' investigations.

Opposition scrutiny of government spokesman Martin Pakula said the policy was a shambles.   

''Why would the Liberal Party want the commissioner to set FOI standards while in opposition, and the minister to set them now they're in government? Simple. Because an independent commissioner would promote transparency, and the government's interest lies in ensuring secrecy,'' Mr Pakula said.

■ftomazin@theage.com.au

Quote:

Don't expect any quick answer to THAT one, imcrook

The Baillieu Government won its way into Treasury Place by FRAUDULENT means

( ... and they demonise GILLARD, on her negotiation and compromise with the GREENS on carbon permits, as an INTEREM move to the Labor preferred ETS)

Liberal supporters feel like FOOLS - and are too EMBARRASSED to respond

i