Morning Chair: Joanne Kummrow, Managing Principal Solicitor, Victorian Government Solicitor’s Office

Session 1: FOI Recent developments and new initiatives

This session will provide an essential update on potential reforms of Federal FOI laws (including their impact on Victoria) and recent FOI case law, including decisions relating to:

• Section 17 – the form of requests

• Section 25A – requests that may be refused

• Section 38 – secrecy provisions  

• Section 50(4) – Osland (No.2)

Presenter: Rachel Ellyard, Barrister, Victorian Bar

Session 2: Privacy Law Update

• An overview of the ALRC recommendations for privacy law reform

• The manner and extent to which these proposed changes will affect organisations

• Managing privacy compliance issues  

Presenter: Melanie Casley, Assistant Privacy Manager, Department of Justice

Session 3: Processing an FOI request

• Valid requests

• Documents ordinarily available

• Deposits and charges

• Voluminous and obviously exempt requests

• The obligation to provide edited copy

• Notice of decision

Presenter: Sonia Lourenco, FOI & Privacy Officer, Department of Innovation , Industry and Regional Development 

Session 4: Processing a request workshop

Participants workshop a personal and non-personal request in a case study covering issues such as:

• ‘Voluminous’ and ‘unclear’ applications

• Agency obligations to the applicant to consult, inform etc

• Statutory timeframes and when they are extended

Facilitators: Richard Attiwill, Barrister, Victorian Bar

                  John Livi, Special Counsel, Minter Ellison Lawyers

Session 5: Confidentiality of health records & FOI

• What health information is an individual entitled to receive? Who else may seek to access?

• How are health records able to be accessed under the Health Records Act 2001 (Vic) and FOI Act 1982 (Vic)?

• Relationship between the Health Records Act 2001 (Vic) and FOI Act 1982 (Vic)

• Relationship between the Health Records Act 2001 (Vic) and other legislation

• Health Privacy Principles

• Practical issues to be aware of

Presenter: Elizabeth Kennedy, Corporate Counsel, The Royal Women’s Hospital

Session 6: “Non-personal” application exemptions – an overview

• Cabinet documents

• Internal working documents

• Privileged documents

• Trade secrets and business information

• Public interest override

Presenter: Mark Hayes, Partner, Maddocks

Session 7: “Personal” application exemptions – an overview

• Personal affairs

• Notification

• Serious health risk

• Communications in confidence

Presenter: Laurence Maher, Barrister, Victorian Bar

Session 8: Exemptions workshop

Participants will carry out a detailed examination of issues arising in an application seeking personal and non-personal documents relating to the applicant.

Facilitators: Mark Richardson, Barrister, Victorian Bar

                       Cassie Serpell, Barrister, Victorian Bar

Session 9: Review process

Issues relating to the review process including:

• Internal review

• Consultation/notification

• Appeals to VCAT

• Role of the Ombudsman

Presenter: Jim McKenna, Barrister, Victorian Bar

As listed above and more to be advised