Unveiling the FOI Battle: How Victorian Universities Handle Transparency Requests

The Freedom of Information (FOI) Act 1982 (Vic) is designed to promote open access to government-held information, allowing the public to scrutinize decision-making in publicly funded institutions. In Victoria, Australia, this law applies to the state's eight public universities, which receive substantial government funding and manage multi-billion-dollar budgets. However, recent FOI requests have sparked controversy, with accusations that these institutions are exploiting exemptions to withhold details on executive remuneration and commercial contracts.

Two years ago, Victorian Greens MP Aiv Puglielli, in collaboration with National Tertiary Education Union (NTEU) Victorian Assistant Secretary Professor Joo-Cheong Tham, lodged FOI applications with all eight universities. The requests sought documents on executive salaries and contracts with fossil fuel and weapons companies. What followed was a protracted process marked by significant delays and limited disclosures, raising questions about the sector's commitment to accountability.

Universities responded with heavily redacted documents or outright rejections in about half the cases. The average response time for salary-related requests reached 216 days, while contract information took 127 days on average—far exceeding the 30-day statutory limit under the FOI Act. These delays, combined with claims of exemptions, have led critics to label the process a 'freedom from information act'.

Common Exemptions Invoked: Personal Privacy and Commercial Sensitivity

Victorian universities frequently cite section 33(1) of the FOI Act, which protects unreasonable disclosure of personal affairs information, and section 34, relating to commercial information that could prejudice business interests. For instance, salary details are often redacted as 'personal information', despite senior executives' roles involving public funds. Commercial exemptions are used for contracts, arguing disclosure could harm future negotiations with partners like energy firms.

Section 30(1), covering internal working documents contrary to public interest, is another tool. Critics argue these exemptions are applied too broadly, turning FOI into a barrier rather than a bridge to transparency. The process involves step-by-step reviews: initial agency decision, possible internal review, external review by the Office of the Victorian Information Commissioner (OVIC), and appeals to the Victorian Civil and Administrative Tribunal (VCAT).

OVIC Rulings: Mixed Outcomes and Partial Victories

MP Puglielli appealed all eight decisions to OVIC, yielding varied results. OVIC overturned Deakin University's withholding on senior executive and council remuneration details, ordering release. Federation University initially refused access to remuneration policies but, after review, released most documents, exempting only a home address and phone number under section 33(1). OVIC found public interest in accountability outweighed privacy for salaries and performance metrics, as such info is often publicly available for vice-chancellors.

However, OVIC upheld La Trobe University's non-release of salary data and Swinburne's contract information. In separate NTEU appeals, OVIC mandated further disclosures. Deakin plans to appeal to VCAT using external firm FOI Solutions, prompting NTEU questions on costs. Federation prioritized 'openness' post-review, redacting only student details in research funding docs.

These rulings highlight OVIC's balancing act: weighing individual privacy against public interest in how taxpayer dollars fund executive pay. For example, in GG2 and Federation University, policies on base salaries, incentives, and benchmarking were deemed releasable.

Spotlight on Specific Institutions: Case Studies

• Deakin University: Ordered to release executive appointment and pay details; appealing OVIC decision externally.
• Federation University: Released remuneration arrangements and research links to non-renewables after review.
• La Trobe University: Upheld refusal on salaries.
• Swinburne University: Contracts protected.
• Others (Monash, RMIT, Melbourne, VU): Similar patterns of delays and redactions; VU declined comment.

Seven universities affirmed FOI compliance and transparency commitment, citing personal info sensitivities.

Executive Pay Landscape: Million-Dollar Salaries Under Scrutiny

Vice-chancellors (VCs) at Victorian universities often earn over $1 million annually, fueling demands for disclosure. In 2024, five VCs exceeded this threshold, with increases at Deakin ($1m), VU ($850k), Federation ($910k). Melbourne's Duncan Maskell earned $1.44m previously. A 2025 Senate inquiry deemed such pay 'out of step', recommending caps and independent reviews.

Average VC pay hit $1.02m in 2025 across Australia, amid staff cuts and consultant booms.

Linked Issues: $1.8 Billion Consultant Spend and Governance Crises

The FOI scandal coincides with ABC Four Corners' March 2026 revelation: Australian universities spent $1.8b on consultants/contractors yearly, often undisclosed. Top 10 unis alone: $249m. This ties into governance probes, with stacked corporate councils criticized.

See the full Four Corners investigation for breakdowns.

Stakeholder Voices: Union, Politicians, and University Defenses

NTEU's Prof Tham: 'Endemic lack of transparency'; process a 'farce'. MP Puglielli: 'Rigged game of chess'. Greens Sen Faruqi: Corporate system favors VCs. Dr Sarah Kaine (NSW): Consultants erode expertise. Unis: Info public, privacy paramount.

Governance Inquiries and Reform Momentum

2025 Senate inquiry urged VC pay caps, council reforms, FOI improvements. Victorian/NSW inquiries ongoing. NTEU pushes 'Joint Reform Proposal' for accountability.

Senate final report details 300+ submissions.

Implications: Erosion of Public Trust and Sector Impacts

Opacity risks trust erosion, misallocation of funds amid job cuts. Students/staff question value. Regional context: Federation's Ballarat focus heightens scrutiny.

Path Forward: Solutions and Actionable Insights

Reforms: Narrow exemptions, 60-day limits, mandatory VC pay disclosure. Unis could proactively publish. Policymakers: Legislate caps. For academics: Use NTEU resources for FOI. Explore jobs at AcademicJobs Australia amid changes.

Outlook: Ongoing inquiries may drive change by 2027, balancing privacy with accountability.

Photo by Heye Jensen on Unsplash