Why justice department is taking FRV commander to VCAT

A Ballarat firey will wait more than two years to find out if he will see a cultural report into aviation firefighting.

FRV commander Wayne Rigg, pictured in January 2021, submitted an FOI request to the Department of Justice and Community Safety. Now the department’s fighting the request in court.

A government department is challenging a respected Ballarat firefighter’s request to see an agency cultural report in which he himself took part - and it will be more than 26 months from his request before any decision is reached.

Fire Rescue Victoria commander Wayne Rigg, who is running as an independent in the upcoming state election, submitted a Freedom of Information Request to the Justice and Community Safety Department in March 2021 seeking access to a report titled Safe Landings Cultural Review.

The report, commissioned in 2019 for the environment department and Emergency Management Victoria, looked into the culture, capability, and safety of the state’s emergency aviation program.

The Age later reported the document said morale within aviation firefighting was “below average” in some areas and “particularly poor” in others.

It was reported that the majority of interviewed staff had concerns about the behaviour of a few individuals - “egotistical bullies” - with whom they worked.

Mr Rigg participated in the review and was, at the time of his FOI request, the commander of FRV’s aviation unit.

In May 2021, the justice department formally refused his request on the grounds the document could indirectly identify interviewees.

A letter sent from the department to Mr Rigg said not even staff had been given a copy of the document as its contents could not be “de-identified”.

It said the paper’s release would “undermine the confidence of agency staff to voluntarily participate in similar reviews” and cause “significant damage to participants’ mental health and wellbeing”.

Mr Rigg applied for the Office of the Victorian Information Commissioner to review the decision, saying he was assured “the report and findings would be open, transparent and shared with those affected by this review in order to address the issues raised and to improve the behaviour and culture within the fire and emergency aviation space and provide a safe work place for all those involved”.

Public Access Deputy Commissioner Joanne Kummrow said in May that she did not consider the entire review exempt from release, and was satisfied that Mr Rigg could be provided a version with personal information redacted.

“While I acknowledge independent workplace reviews require the voluntary participation of employees and other relevant persons, it will not always be in the public interest to release

sensitive documents of this nature,” the deputy commissioner said.

“However, I consider the release of certain information in this particular document would build trust in the agency’s fulfilment of its obligations as a public sector employer and its ability to meet its workplace safety obligations.”

But in June, the justice department applied to VCAT to review the Deputy Commissioner's decision.

Mr Rigg said he would let the court process run its course, and the justice department declined to comment.

In an initial VCAT hearing on November 16, it was decided the parties would have an official conference in about six months’ time.

The delay was due to the unavailability of VCAT’s resources and the schedule of the justice department’s external lawyers.

“That’s frustrating given that that makes it more than two years since the application,” Mr Rigg said in the hearing.

“It just seems like further stalling tactics.”

He said the department had not shown interest in speaking with him outside of the VCAT proceedings.

“I’m trying to understand what’s the point of the Office of the Information Commissioner if they make a determination and get run off to VCAT every time,” Mr Rigg said.