Scrutiny of Acts and Regulations Committee
Victorian Electronic Democracy, Final Report, May 2005

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Recommendations

GUIDING PRINCIPLES

Recommendation 1

Any electronic democracy initiative introduced by the State of Victoria, including the Parliament, should be assessed against the four principles of:

  1. Majority rule through popular elections and the primacy of Parliament

  2. Equality of participation in civic life for all citizens

  3. Human rights of citizens to participate freely in public life

  4. Minority rights of groups within the community

Recommendation 2

The responsible Minister, through data collection and aggregation by the Department for Victorian Communities, in partnership with its key stakeholders in the State and Local Government arenas, should produce a regular statement of Victorians' attitudes to our democratic system and institutions, in a manner which builds upon similar national research and supports the effective evaluation of democratic initiatives at each level of government.

Recommendation 3

The introduction of electronic democracy initiatives should be undertaken with consideration in mind of fluctuations of public interest in politics. Where feasible, electronic democracy initiatives or pilot projects of the Parliament and Government of Victoria should be undertaken over a complete Parliamentary term, or terms, where appropriate.

Recommendation 4

The adoption of any electronic democracy initiative by the Parliament or State Government of Victoria should not exclude conventional forms of participation. No existing method of political participation in the State of Victoria should be superseded by a method that relies solely on information and communications technologies.

Recommendation 5

The State Government of Victoria, and the Parliament, should recognise that information and communications technologies provide an empowering means of social and political participation for some segments of the community. Where appropriate, information and communications technologies should be employed to facilitate public participation in addition to conventional means.

INFORMATION ACCESSIBILITY

Recommendation 6

The Office of the Chief Information Officer should ensure that the transition from Web Content Accessibility Guidelines 1.0 to 2.0 in the State of Victoria is undertaken in consultation across government and with relevant community stakeholders.

Recommendation 7

Accessibility standards for the State Government of Victoria should be revised to move minimum requirements to level AA compliance under the existing Web Content Accessibility Guidelines 1.0 and the equivalent level under the forthcoming 2.0 guidelines. Compliance to the AA standard should be phased in from June 2005 to encourage continual improvement practices in website design.

Recommendation 8

Failure to comply with the whole-of-government standards for website accessibility should be identified and addressed by the Office of the Chief Information Officer as a priority. Implementation slippage should not justify the relaxation of existing minimum standards in Victoria.

Recommendation 9

Under the Website Management Framework, the Office of the Chief Information Officer should establish a formal, regular reporting mechanism for compliance to the five Whole of Government Website Standards, with a minimum of one-third of all Government websites surveyed on an annual basis to determine their compliance to the Web Content Accessibility Guidelines and activities in place to advance to the next level of compliance.

Recommendation 10

All Victorian websites should move towards a consistent user-experience design standard, developed by the Office of the Chief Information Officer as part of the overarching web strategy of the Victorian Government.

Recommendation 11

All Victorian documents published by the Victorian Public Sector as Portable Document Format (PDF) files should also be provided in an alternative accessible format (such as Hypertext Markup Language, Rich Text Format or plain text).

Recommendation 12

The Digital Archive project under development by the Public Records Office Victoria should investigate and adopt, where possible, software to extract information from Portable Document Format (PDF) files stored under the Victorian Electronic Records Strategy standard for use by users who do not prefer this format.

Recommendation 13

The minimum web standards for online publication of government information should be revised to systematically phase in accessibility of online information via devices with unusual screen sizes.

BROADENING THE REACH OF GOVERNMENT ONLINE INFORMATION

Recommendation 14

The minimum web standards for online publication of government information should be revised to ensure that a consistent policy exists to support and encourage the use of systems to syndicate online content by the whole Victorian Public Sector.

Recommendation 15

All State Government syndicated content feeds should be registered with Victoria Online and a central list maintained on this website to increase the discoverability of these feeds by Internet search engines.

Recommendation 16

Information Victoria should investigate the possibility of developing a print-on-demand service for Government publications that are not provided in print.

INFORMATION ACCESSIBILITY OUTSIDE OF THE STATE GOVERNMENT

Recommendation 17

The Office of the Chief Information Officer, in conjunction with relevant Local Government association(s), should investigate ways by which Local Government in Victoria can take advantage of the content management system tender currently being let by the State, to access advanced website management and web accessibility standards through aggregated tendering.

Recommendation 18

The Office of the Chief Information Officer, in conjunction with the relevant Local Government association(s) and Local Government Division of the Department for Victorian Communities, should determine whether existing website management best practice guides developed under the Networking the Nation project require revision and increased distribution throughout the Local Government sector.

Recommendation 19

The Minister for Local Government should introduce a regulation requiring that Local Governments include within their annual reports a statement of the Web Content Accessibility Guideline compliance of websites maintained by the Council once per the term of Council.

Recommendation 20

The Victorian Government, through Multimedia Victoria, should introduce an annual accessibility awards program for Victorian companies and community organisations, in order to encourage greater compliance with web accessibility standards and promote the awareness of online accessibility issues outside of government.

Recommendation 21

Multimedia Victoria should enter discussions with the relevant Local Government peak bodies about participation by Local Government in these awards.

Recommendation 22

Multimedia Victoria should provide a comprehensive report on the overall success of these awards in improving commercial and community based organisations' compliance with accessibility standards within five years of their initiation, in order to gauge the value of this approach.

FREEDOM OF INFORMATION IN AN INFORMATION AGE

Recommendation 23

Given the importance of the Freedom of Information Act 1982 to democratic accountability, Recommendations 24 to 32 should be considered in conjunction with the outcome of the current review of the Act by the Ombudsman and in light of possible recommendations contained in the report on an investigation concerning allegations that departments are unduly delaying responses to Freedom of Information requests.

Recommendation 24

Section 2 of the Freedom of Information Act should be amended to require Victorian departments and agencies to:

Recommendation 25

Participation in FOI Online should be extended, with the objective of incorporating those agencies that collectively receive more than seventy-five percent of total applications under the Freedom of Information Act 1982, based on statistics from the last reporting year.

Recommendation 26

The Freedom of Information Act 1982 should be amended to require each Government department and agency to introduce and maintain a "publication scheme" as per the United Kingdom's Freedom of Information Act 2000, with the following modifications:

Recommendation 27

The Scrutiny of Acts and Regulations Committee should undertake a review of the effectiveness of the proposed amendments to the Freedom of Information Act 1982 after five years of the operations of publication schemes. This review should consider:

Recommendation 28

The Public Records Office Victoria should issue the whole-of-government email storage and retention policy and guidance document proposed in 2002 as a matter of priority. This document should:

Recommendation 29

No Victorian Government email server should automatically purge email. An officer responsible for the account prior to deletion should review all sorted email on Government servers.

Recommendation 30

As part of the implementation of Recommendation 29, the Public Records Office Victoria should consider developing an interim guidance document for Victorian Government departments and agencies on the storage and archiving of Instant Messaging log files.

Recommendation 31

The Freedom of Information Act 1982 should be amended to require that documents released under Freedom of Information application be included in the Victorian Electronic Records Strategy Digital Archive where:

The implementation of this requirement under the Freedom of Information Act 1982 will need to be staggered, by regulation, as departments and agencies reach Victorian Electronic Records Strategy compliance.

Recommendation 32

The current application of electronic redacting software in the Department for Victorian Communities should be reviewed by the Department of Justice, in co-operation with Public Records Office Victoria, the Ombudsman Victoria and the Office of the Chief Information Officer. Should a positive benefit to the administration of the Freedom of Information Act 1982 be identified through the use of this technology, the Office of the Chief Information Officer should be tasked with co-ordinating State-wide implementation.

A CREATIVE COMMONS

Recommendation 33

The work of the State Library of Victoria in identifying and preserving online information of importance to the cultural and political life of Victoria should be recognised and supported. The Library should maintain and develop its current level of work in this area to support the retention of valuable online information.

Recommendation 34

The Libraries Act 1988 should be amended to define "library materials" as "information", moving technology specific references in the existing definition to a subset of library materials and incorporating two additional definitions in the Act as per the Electronic Transactions (Victoria) Act 2000:

Recommendation 35

The State of Victoria has a clear interest in maintaining a diverse media environment for all Victorians, particularly for the creation and distribution of news and current affairs broadcasting. The Government of Victoria, through the Premier, should monitor any proposed national legislative changes to media ownership laws and the funding of national public broadcasters, and act where appropriate to ensure that minimum local content creation rules are adhered to by licence holders and funding is maintained for public broadcasting of news and current affairs.

Recommendation 36

The Government of Victoria should continue to support the MC2 initiative. However:

Recommendation 37

Any future decision to discontinue the My Connected Communities content hosting service should be undertaken in conjunction with a clear migration plan for these resources to one or more alternative hosting environments.

Recommendation 38

The current approach to targeted funding for community organisation information and communication technology capacity building projects should be continued, with specific focus on communities under-represented in the information economy and who are socially excluded.

Recommendation 39

The Minister for the Arts should develop an initiative to network existing public, private and community content developers, with the objectives of ensuring Victorian content developed can be captured electronically - where appropriate - that this content sees the widest possible distribution and content of significant value to the social and political life of Victoria is archived appropriately.

ACCESSING THE INTERNET

Recommendation 40

Multimedia Victoria should commission a revised and comprehensive version of the research conducted by Centre for Community Networking Research and Whitehorse Strategic Group on a biennial basis. This research should be used to track changes in usage patterns to public access terminals and gauge the success of these programs in reaching targeted community segments. Data gathered from this longitudinal research should be used to integrate public access terminals with services and programs across Government, targeted towards groups with low usage rates.

Recommendation 41

The I@ service should be extended to include a State-wide local call number that provides access to the venue database via an interactive service.

Recommendation 42

The I@ service should be extended to allow for the syndication of the database query form through other websites (such as Local Government).

Recommendation 43

New and renewed funding agreements between the State Government and public Internet access providers should require that I@ be updated by the provider as a term of the funding agreement.

ELECTORAL INFORMATION

Recommendation 44

The Minister for Local Government should amend the relevant regulations to permit and require the online publication of Candidate Statements, authorised how-to-vote cards, and a candidate photograph by the Victorian Electoral Commission.

Recommendation 45

The Local Government Act 1989 should be amended to incorporate the provision of Candidate Statements, authorised how-to-vote cards, and a candidate photograph in all Local Government elections, regardless of voting method (postal, attendance) employed.

Recommendation 46

The Electoral Act 2002 should be amended to incorporate the provision of Candidate Statements, authorised how-to-vote cards, and a candidate photograph in all Parliamentary elections.

Recommendation 47

The Victorian Electoral Commission should develop a centralised election portal for candidates' statements for future elections.

Recommendation 48

The Victorian Government should provide targeted funding to relevant community bodies to provide access to voter information in a wide range of accessible formats and major non-English linguistic communities for the next State election.

THE ELECTORAL TRANSACTIONS: ENROLLING, VOTING AND COUNTING

Recommendation 49

The Victorian Electoral Commission should provide advice to the Parliament and Government prior to the next State election as to the appropriateness of facilitating the delivery of scanned voter registration and postal vote applications via email or similar method.

Recommendation 50

The Victorian Electoral Commission should provide advice to the Parliament and Government prior to the next State election as to the appropriateness of facilitating the delivery of signed voter registration and postal vote applications using pen-interface technologies.

Recommendation 51

The Portable Document Format (PDF) version of the existing enrolment form maintained on the Victorian Electoral Commission website should be supplemented with:

Recommendation 52

Parliamentary elections should not be conducted remotely via information and communications technologies in the near future.

Recommendation 53

The Victorian Electoral Commission, in consultation with relevant stakeholder groups, should develop and implement a system of electronic voting machines for local and general elections in Victoria. These machines should:

The implementation of this electronic voting system should be undertaken with consideration of:

Recommendation 54

The Victorian Electoral Commission should maintain an appraisal of developments in the area of electronic and online voting, and be provided with the resources to send staff to participate or observe the conduct of electronic and online elections internationally and around Australia.

Recommendation 55

The Victorian Electoral Commission should be required to provide independent technical certification of its current electronic vote-counting software.

Recommendation 56

The Victorian Electoral Commission should be required to ensure that future acquisition or development of electronic vote-counting software be open-source software. This requirement should also specify that:

Recommendation 57

The Victorian Electoral Commission as a matter of priority should undertake a risk assessment of the practice of using leased computers for electronic vote counting. This risk assessment should include:

This risk assessment should be tabled before the Parliament at the soonest possible date.

Recommendation 58

The Victorian Electoral Commission should prepare a business case for the Victorian Government on the use of automatic ballot-scanning technology on a pilot basis. This review should consider:

CONSULTATION AND PARTICIPATION

Recommendation 59

The Victorian Public Sector should consider adopting approaches to licensing data held that have traditionally been used for commercial purposes on a cost-recovery basis, whereby the release of this data is necessary to provide for contestable policy consultation and upon request. Where possible, alternative licensing schemes, such as a localised version of the Creative Commons licensing scheme, should be applied to data release to allow for public interest use, and should retain the commercial return.

Recommendation 60

All Parliamentary and Government consultation and participation processes should include, where feasible and appropriate to the target audience, the use of ICTs.

With regards to online consultation:

Recommendation 61

Online consultations should be undertaken using the best available technology and techniques available, and the design of these systems should be undertaken in conjunction with key stakeholder groups. Where appropriate, these consultation and participation processes should be based within community organisations.

Recommendation 62

The State Government of Victoria should identify and develop a number of policy areas where demonstration online-consultation projects can be conducted.

Recommendation 63

The moderation of online consultation and participation processes needs a clear policy statement for staff that provides direction as to:

Recommendation 64

Online consultations should provide detailed reports on outcomes, including problems, to encourage learning across Government and the civil society.

Where possible and feasible, online consultation systems should be developed in open source, with the source code widely available to other Government agencies and civil society groups.

Recommendation 65

An electronic democracy co-ordinating body should be established in the Department for Victorian Communities.

Recommendation 66

The Department for Victorian Communities, through the electronic democracy co-ordinating unit should:

Recommendation 67

The Department for Victorian Communities should establish a best-practice reference guide for public consultations in Victoria, with supporting documentation, references and check lists, to provide an ongoing resource for the successful and effective conduct of consultation processes in the State.

Recommendation 68

The use of online consultation by Government departments and agencies should consider the value of these experiences for technology and skills transfer to stakeholder groups in the community, in order to develop and expand the use of online consultation within their governance practices.

Recommendation 69

A centralised portal and subscription service for Government and Parliamentary publications, consultations and legislative work should be established, allowing free public access to Government policy processes in a timely manner, in order to encourage public participation.

Recommendation 70

www.communitybuilding.vic.gov.au should adopt a moderated citizen-to-citizen discussion forum to develop and deepen linkages between community groups within Victoria.

Recommendation 71

www.communitybuilding.vic.gov.au should further investigate methods by which the relationship between this initiative and similar initiatives around Australia (such as communitybuilders.nsw) can be strengthened to:

PARLIAMENTARY INFORMATION ONLINE

Recommendation 72

A redevelopment of the website of the Parliament of Victoria should be undertaken with consideration of the means to ensure:

Recommendation 73

The Department of Parliamentary Services should provide to the Presiding Officers, for tabling in the Parliament, an annual certification of compliance by the Parliamentary website with the Web Content Accessibility Guidelines.

Recommendation 74

The Parliament of Victoria should systematically introduce webcasting of both Chambers of Parliament. The webcasting of public meetings of Parliamentary Committees should be available at the discretion of each committee's chairperson. This system should allow:

Recommendation 75

Archived streaming video older than two Parliamentary terms should be archived with the Public Records Office Victoria, in consultation with relevant preservation specialists.

Recommendation 76

The Parliament of Victoria, through the Presiding Officers, should enter discussions with relevant broadcasters to determine the possibility of broadcasting Parliament through their existing networks.

Recommendation 77

The Parliamentary webcasting service should be developed in conjunction with the Office of the Chief Information Officer, in order to determine whether this type of online publication service should be developed as an enterprise-wide service to facilitate low-cost access by other Government departments and agencies, Local Government and community organisations.

INTERACTING WITH PARLIAMENT

Recommendation 78

The Parliament, through the Presiding Officers, should undertake a pilot of electronic chamber voting systems to assess the advantages of the introduction of these systems in the reduction of time taken to undertake legislative business.

Recommendation 79

A Parliamentary information subscription service should be provided as part of the proposed centralised consultation gateway and subscription service for the whole of the Victorian Government.

Recommendation 80

The Parliament of Victoria should introduce an online petitions facility on a trial basis, subject to ongoing evaluation as to the benefits offered to Victorians. The Victorian online petition system should include a moderated discussion facility, similar to that provided by the Scottish Parliament.

Recommendation 81

The Parliamentary template for paper petitions should be amended to allow for optional collection of email addresses or other electronic means of communication, in order to allow the petitioner to receive information about the status and tabling of their petition from the Parliament.

Recommendation 82

The Parliamentary commitment to the introduction of ICT-enabled consultation and participation processes must be matched with a tangible investment in staff, training, tools and promotional resources.

Recommendation 83

Committees of the Parliament should be authorised to take evidence by electronic means and recognise recordings of these meetings as evidence when taken by a constituted Committee (with quorum). This includes:

This authorisation should not extend where:

Recommendation 84

The Parliamentary Committees Act 2003 should be amended to permit the constitution of Committee meetings with Members participating by audio or video link where:

Recommendation 85

The Parliament should provide Members with a specific funding allocation for the establishment of a personal website. This funding should be provided with guidance from the Parliamentary webmaster regarding:

Recommendation 86

The Information Technology Unit of the Parliament of Victoria should develop and publicise a clear application and approval process for non-Standard Operating Environment applications.

Recommendation 87

The Information Technology Unit of the Parliament of Victoria should:

Recommendation 88

The Information Technology Unit of the Parliament of Victoria should provide Members, upon request, with an additional email address.

Recommendation 89

References to Members' of Parliament email addresses should be replaced with online forms, if requested by the individual Member.

These forms should provide for:

Recommendation 90

The bandwidth available to all Members' Electorate Office should be improved to a minimum level required to provide for access to streaming video (download) and application software grade videoconferencing services (upload and download).