Ombudsman Seeks Foi Exemption To Protect Investigation Information

The Age

Tuesday May 2, 2000

MURRAY MOTTRAM

The state Ombudsman, who investigates complaints about official obstruction of freedom of information requests, is fighting to have his own office shielded from FoI.

The Ombudsman, Barry Perry, wants the Victorian Government to protect him after an Eildon motel owner, Chris Healy, forced him to hand over the investigation file of a complaint made by Mr Healy.

Until Mr Healy took legal action last December, the Ombudsman's office told complainants it was not subject to FoI.

Mr Healy said the handling of his complaint led him to believe the Ombudsman's office favored the word of officials over members of the public and it opposed the rules of public accountability it was supposed to enforce.

He was concerned that under recommendations from a parliamentary committee, the Ombudsman's powers would be extended with no public accountability.

Under the Bracks Government's proposed whistleblower legislation, the Ombudsman would investigate allegations of corruption within government agencies.

Dr Perry told The Age that in recent years he had obtained several legal opinions that his office was not subject to FoI or the Victorian Civil and Administrative Tribunal, which rules on FoI disputes.

When Mr Healy applied for a VCAT hearing last December, the Ombudsman's office briefed a private barrister, only to discover laws passed in 1998 overrode a regulation exempting the Ombudsman from FoI.

Dr Perry said this was an unintentional result of definitions in the Public Sector Management and Employment Act, passed by the Kennett government.

But other legal experts interpret the exemption as applying only to the Ombudsman, not the activities of his office.

At least two other offices covered by the exemption - the Regulator-General and the Director of Public Prosecutions - accept this and accept FoI requests.

Attorney-General Rob Hulls said yesterday he would attempt to resolve anomalies in the Ombudsman's FoI status as part of a review of the FoI Act.

Dr Perry said although he had the same powers as a royal commissioner to force people to answer questions, his investigations relied on people being able to provide information in confidence.

FEATURES 15: Who's watching the watchdog?

© 2000 The Age

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