Victorians seeking access to their own health records are often met with administrative obstacles. It is an issue the states information commission is determined to address by holding agencies to account and streamlining the process.
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00:00Getting information about yourself, or the state agencies meant to serve you, can be
00:11tough in Victoria.
00:13The number of requests under the state's Freedom of Information scheme is ballooning,
00:18and this year is already on track to be higher again.
00:22The system is buckling under the pressure.
00:25The Act has outlived its usefulness, it's not fit for purpose, and it's a burden on
00:29public sector agencies now.
00:30Is it broken or near breaking point?
00:33It's not on life support, but in 10 years' time, it may be.
00:40Freedom of information requests.
00:42FOI documents.
00:43Freedom of information applications.
00:45Freedom of information.
00:47The media and politicians are often thought of when it comes to freedom of information
00:51requests, but the majority of applications are actually from individuals wanting information
00:58about themselves, like their own hospital records.
01:02Health services dominate the list of agencies receiving the most applications.
01:08We need systemic change so that people can get access to their own information quicker,
01:13cheaper, potentially free, and with a much more streamlined process.
01:18Do you think that will happen?
01:20I'm confident we will get some change in that area during my term, or at least an intention
01:27to that change.
01:29The Office of the Victorian Information Commissioner, or OVIC, deals with the complaints and conducts
01:36reviews when documents aren't released or requests are significantly delayed, which
01:42has become increasingly common.
01:44Does OVIC have the power to be addressing this with agencies, or is OVIC a bit of a
01:49toothless tiger in that regard?
01:52We're not a toothless tiger, but we have sought more powers.
01:56A tool is mostly a name and shame, and that works in the current environment, but I don't
02:03think it gets specific outcomes for individuals as best as it could.
02:08And what sort of powers, in terms of the ability to compel them, how would it function?
02:14I think there needs to be some kind of punitive element for not following what is a requirement
02:21under law.
02:22So I think there is holding agency heads to account through some kind of punitive mechanism.
02:28Now, I'm definitely not talking jail terms.
02:31And then it is getting specific outcomes for individuals.
02:34The penalties could include sanctions or fines, but the Commissioner says the overall system
02:39must be improved first.
02:42The punitive elements would only be used for the most abhorrent conduct, where people are
02:46deliberately misleading or trying to undermine the purpose of the act.
02:52Trust in governments and institutions has been falling globally, which could be contributing
02:58to the jump in demand.
03:00With all of the noise now, sometimes going to the source and seeking the foundational
03:06documents or information is the only way to get to the truth of the matter.
03:12A parliamentary committee has investigated the issues and recommended a wholesale rewriting
03:17of the laws to introduce a new system.
03:21The government is yet to respond.
03:24Is this state government more secretive than those we've seen in the past?
03:28No, definitely not.
03:32I wouldn't say any particular government is being more secretive.
03:35I think it's just that FOI requests are becoming more complex.
03:40Applicants are becoming savvier.
03:43And that's where the challenge lies.
03:45Do you think there will be political will to reform the system?
03:49There seems to be, from the whole political spectrum, an acknowledgement that the system
03:56needs to be modernised.
04:00So I think that there is political will, it's just where does it sit in the order of priorities
04:06of political will?