Victoria’s freedom of information laws are outdated and should be radically reformed, says a new report.

The call comes from the Integrity and Oversight Committee which tabled its report on its inquiry into the state’s Freedom of Information Act on Monday.

The committee finds that, since FOI legislation was introduced 30 years ago, Victoria has gone from being “at the forefront of FOI law and administration to one of the least progressive jurisdictions in Australia”.

It adds that, over time, “apathy and resistance to scrutiny have adversely affected the operation of the Act, restricting the amount of information released”.

After a number of reports emphasised systemic problems, parliament established an inquiry and asked the committee to examine the current system, compare it to more modern systems and consider how best to improve Victoria’s FOI processes.

With the inquiry now completed, committee chair Dr Tim Read said the current model “is not well adapted to the functioning of modern government in the digital age”.

Victoria’s FOI system requires people to pull information out of government agencies through formal requests. Many FOI requests often take months, sometimes over a year, to be processed.

As the committee notes, Victoria receives more FOI requests per year than any other state or territory in the country.

“With more than 48,000 requests for information annually, and often onerous requirements for agencies to consult third parties before releasing information, the sheer volume of the work is a significant burden for some public agencies,” Read said. “The lack of alternative pathways to obtain information is a major reason for the large number of requests that clog Victoria’s system.”

It cannot be fixed through piecemeal reform

In its report, the committee recommends that the system be radically overhauled. “It cannot be fixed through piecemeal reform,” Read said. “Delays, high fees, and in some agencies, a defensive culture of refusing to release information wherever possible, have all given the current system a reputation for being impenetrable.”

A new system should be designed, one that “promotes maximum disclosure and the proactive release of information”. Under the new system, the public would have a right to easy and timely access to information, with formal requests “a last resort”.

Many FOI requests are for reasons of transparency; people may want to understand the reasons for a policy decision, or they may be concerned about integrity. Often the information they seek is declared exempt from disclosure under FOI and is either heavily redacted or the entire document withheld.

The committee recommends that only limited exceptions should prevent disclosure. When agencies refuse to release information under a recognised exception, they will have to show that:

• they are protecting a legitimate interest
• disclosure will cause substantial harm to that interest
• this harm is not outweighed by any public interest in disclosure.

However, simply legislating FOI reform will not be sufficient to improve access to information in Victoria, says the committee. “This will require political leadership and will be enhanced by adequate resourcing, plain-language drafting of legislation, a whole-of-government information framework and greater regulatory powers for the Office of the Victorian Information Commissioner.”

The committee has made 101 recommendations to guide the development of a new FOI system in Victoria, one that is “clear, simple, practical, easily understood … and facilitates the timely processing of requests and review of agency decisions”.