Annual Report 2008-09 - Legal Services Commissioner

Chapter SEVEN
Governance
Compliance Statements
Freedom of Information
The Legal Services Commissioner is subject to the Freedom
of Information Act 1982 (the FOI Act).
The FOI Act provides every person with a legally enforceable
right to access documents in the possession of an agency,
subject to certain exceptions. Because of the sensitive nature
of the majority of documents held by the Legal Services
Commissioner, an exemption often applies to preclude access.
Requests received and requests processed
during the year
During the period 1 July 2008 to 30 June 2009, the Legal
Services Commissioner received five new valid requests
under the FOI Act. Two of these requests were processed
during the year; one request was subject to internal review
as at 30 June 2009; and the other two requests remained
open subject to expiry of the review period.
Of the two requests that were processed during the year,
access was granted in full in relation to one request, and
access was granted in part for the other request.
Two further requests were processed during the year. These
requests were reported as awaiting decision as at 30 June
2008. Of these requests one was subject to internal review
in which the original decision to refuse access in full was
affirmed, and the other request was not determined because
the documents either did not exist or could not be located.
Applications to VCAT during the year
Where the Legal Services Commissioner refuses to provide
access to a document requested under the FOI Act, a person
may apply to the Victorian Civil and Administrative Tribunal
for review of the decision. There were no applications for
review made to the Tribunal in the 2008-09 reporting period.
Making a request
A request for access to documents made pursuant to the
FOI Act must be:
• in writing (and provide such information as is
reasonably necessary to enable identification of the
relevant documents); and
• accompanied by the prescribed application fee.
Requests for documents in the possession of the Legal
Services Commissioner should be addressed to:
Legal Services Commissioner
Level 9, 330 Collins Street
MELBOURNE VIC 3000
Access charges may also apply once documents have been
processed and a decision on access made; for example
photocopying and search and retrieval charges.
Further information regarding Freedom of Information can
be found on FOI Online at www.foi.vic.gov.au
Building Act 1983
The Legal Services Commissioner does not own or control
any government buildings and consequently is exempt from
notifying its compliance with the building and maintenance
provisions of the Building Act 1993.
Whistleblowers Protection Act 2001
The Whistleblowers Protection Act 2001 encourages and
assists people making disclosures of improper conduct
by public service officers and public bodies. It provides
protection to people who make disclosures in accordance
with the Act and establishes a system for the matters
disclosed to be investigated and rectifying action to be taken.
Procedures have been developed to deal with disclosures
made under the Whistleblowers Protection Act to the Legal
Services Commissioner (consistent with Ombudsman
Victoria’s model procedures). The procedures can be
obtained from the Legal Services Commissioner’s website
(www.lsc.vic.gov.au).
The Legal Services Commissioner did not receive any
disclosures under the Whistleblowers Protection Act 2001
during the year. There were no disclosures referred to the
Legal Services Commissioner by the Ombudsman.
Disclosures
Disclosures of improper conduct or detrimental action by
the Legal Services Commissioner may be made to:
The Director, Investigations
Ms Janet Cohen
Tel: 9679 8001
Fax: 9679 8101
Email: admin@lsc.vic.gov.au
Alternatively disclosures may be made directly to the
Ombudsman.
Ombudsman Victoria
Level 9, 459 Collins Street (North Tower) Melbourne VIC 3000
Tel: 9613 6222
Toll Free: 1800 806 314
Internet: www.ombudsman.vic.gov.au
email: ombudvic@ombudsman.vic.gov.au
52 Legal Services COMMISSIONER 2009 Annual Report