Public Interest (Protected) Disclosures
FOI Solutions has significant experience in dealing with all aspects connected to public interest disclosure legislation (in some jurisdictions also known as whistleblowing or protected disclosures).
Advising on integrity body investigations and hearings
Advising agencies during inquiries by integrity bodies
Investigating and advising on potential public interest disclosures
Reviewing policies and procedures for compliance
Conducting preventative and procedural training
FOI Solutions has extensive skills and experience in drafting or reviewing policies and procedures required to be implemented by Victorian government agencies to be compliant with legal requirements. For more information, click here.
Review of Government Decisions
As we only act for Government agencies, FOI Solutions has developed extensive experience and knowledge relating to government decision-making and review.
We can advise on the complete range of legal issues surrounding government decision-making including:
Ensuring decisions are lawful and made within statutory power
Ensuring decisions are made by appropriately delegated or authorised officers
Ensuring decision-makers consider all relevant matters, ignore irrelevant considerations, apply procedural fairness where applicable and make decisions that are proportionate
Writing appropriate statements of reasons for decisions
Advising and representing agencies in:
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- merits review before relevant Tribunals
- judicial review before Courts
Training is available to statutory decision-makers to assist with proper and lawful decision-making. For more information, click here.
Statutory Interpretation
Government departments and agencies are established by or administer legislation. Knowing how to interpret and apply that legislation is essential for proper and lawful administrative action and decision-making.
FOI Solutions is experienced in advising departments and agencies on the interpretation and application of their governing legislation consistent with current statutory interpretation legal principles.
Human Rights
In Victoria, government agencies have additional obligations under the Charter of Human Rights and Responsibilities Act 2006. Public authorities, such as Victorian state and local government departments and agencies, and people delivering services on behalf of government, must act consistently with the human rights in the Charter when:
Developing policies
Making Laws
Delivering Services
Making Decisions.
FOI Solutions advises clients on human rights in the Charter and how it applies to new or existing projects or policies, including on the interaction between the Charter and the rights of access and privacy in FOI and privacy legislation.
Public Records/Archives
Government agencies have legal obligations to create and keep full and accurate records of the business of their organisation.
In order to do this, they must have appropriate structures and mechanisms in place relating to the life cycle of records from creation to destruction. Those structures and mechanisms must comply with public record or archiving legislation as well as increasing obligations under data protection legislation.
FOI Solutions can advise on all questions relating to agency compliance with these legal requirements.
Model Litigant
From time to time it will be unavoidable that government agencies and statutory authorities will necessarily be involved in litigation in courts or tribunals.
In conducting these proceedings it is imperative that agencies and their legal advisors act with the utmost propriety, honesty, and fairness.
Through its extensive representation of government agencies in legal proceedings ranging from tribunals through to the High Court, FOI Solutions is aware of and complies with model litigant obligations.
We are well-placed to advise on whether strategic decisions in litigation are likely to fall foul of those model litigant obligations.