The Scrutiny of Acts and Regulations Committee is pleased to provide this report into electronic democracy, an investigation initially begun under the 54th Parliament and now completed during the 55th Parliament.
The subject matter of this report, technology, has changed considerably since the Inquiry was first initiated in 2002, a reminder of the rapidity of change in the 21st century and the role that technology continues to play in shaping and reshaping the society within which we live.
Some of the technologies observed during the 54th Parliament, which were at that time considered to be "cutting edge", are now considered passé. Some uses of technology that were then considered to be the future of social organisation are now common practice, while some of the ideas considered have, in the period 2002-2005, been better tested and understood.
It is rare that an investigating committee of one Parliament can engage in such a meaningful dialogue with its immediate predecessor, but this Report has benefited greatly from the work of two investigative committees. The Committee considers that this Report is significantly different to that which would have been produced by the Committee of the 54th Parliament. This is not because of significantly different views between the two committees, but represents the difficulties inherent in defining such a broad range of behaviours and activities that fit within the title of "electronic Democracy".
The core finding of the Committee is that the Public Sector of Victoria, its institutions and elected representatives, need to develop the capacity to learn and experiment with the range of opportunities and applications new technologies bring to the democratic process. The Committee has observed that new information and communications technologies have much to offer the democratic process, if reflectively implemented.
This report is about democracy. It is about how democracy is practised in our modern age of machines and devices, information and data. It is not about the devices themselves, except to the extent that they support our commitment to, and belief in, democratic participation as a means of achieving a just, fair, orderly and vibrant society.
The impact of the technologies considered in this report make it easy for the emphasis to be overlooked. This emphasis is people, and the extent to which the people of Victoria consider new technology as a means by which to inform themselves of the public life of their State and municipality, and to participate - should they wish to do so - to express their will to power.
The focus of this Report is on the role that technology does, and can, play in improving and maintaining the formal and informal aspects of democratic society in Victoria. Thus, where the Report makes findings, or proposes initiatives and recommendations, these ideas are expressed against the single question: How does this improve democracy in Victoria?
In the course of the Inquiry, the Committee focused on determining key issues that may be addressed by the introduction of electronic democracy. In looking at available data on public perceptions of our political system, and rates at which Victorians participate in the formal vehicles of political expression, the Committee attempted to guide its investigation based on areas of need, not simply areas of easy application of technology. It is the view of the Committee that the former adds value, while the latter cheapens the power that new information processing and communications systems can bring to our society.
In looking at the data, the Committee observes that there is no "crisis of democracy" in Victoria. Our State enjoys strong political participation from citizens in its electoral process, and Victorians maintain an active interest in public affairs.
The Committee observes, however, that there are worrying levels of public cynicism about some participants in our political system: interest groups, public servants, politicians and political parties among these. Thus, while most Victorians are still active political participants, the Committee does note with concern that, while respect for our political institutions and traditions appears to be strong, the participants who make up the public contestation of day-to-day political life are poorly regarded in the community.
Given this finding, the Committee is of the view that new communications technologies can be employed to strengthen and renew the relationships between members of the public and policy makers. Empowering new ties between the community and the Government and between constituents and elected representatives appears to be a promising way in which the participants in the political process can be brought closer to the public, made more responsive to their needs and better demonstrate the workings of Government.
Electronic democracy is defined in this report as:
The emphasis of the Committee in considering democracy, and the role of technology in its practice in Victoria, is on how these technologies expand or extend our capacity to act as citizens.
This may mean that the technologies increase the level, or array, of information that informs us as citizens. Or that they provide new ways to interact with our elected representatives, government, community organisations or peers. Or how the technologies empower us, as citizens, to undertake new political activities. What is important is how we use these tools to assist us to make a difference, participate and be heard.
Any social or technological change that shifts the current distribution of power within a society creates tensions. Electronic democracy, as something firmly entrenched in our political system and culture, is no panacea for fundamental tensions and disagreements. The technology may expand people's options, but it does not reduce the need for decision makers to choose between alternatives, and to make decisions that can be difficult, and unpopular.
The Committee notes a utopian strand in writings on electronic democracy. This report maintains no such misconceptions. Electronic democracy adds value to our political system, but its utility remains still largely unproven. Careful implementation and evaluation of a range of approaches - with realistic objectives and targets - continues to be important as we advance through the array of possibility and potential.
The appropriate scope and scale of electronic democracy is also a feature of the technological landscape of our society. The Committee observed that the uptake of many types of technology in Victoria is strong: mobile telephones and dial-up Internet access represent two key technologies that have had significant impacts on the ways in which Victorians organise themselves and communicate.
The Committee found that the rate of Internet adoption in Victoria is high, with over sixty percent of the population accessing these technologies, largely through the World Wide Web. There appears to be, however, a levelling out of the adoption rate, with certain segments of the community being under-represented online.
Other technologies, such as new generation mobile devices with portable Internet connections and high-speed connections to the Internet, are slowly spreading through the community, following different diffusion models and servicing different segments of the community. Thus, the Committee observes that the trends in the use of new media technologies tend to focus around two drivers: (a) a move towards convergence of content on an Internet-based platform and (b) a proliferation of different platforms, with different capabilities.
The Committee observes the community divided into:
A majority group of Victorians with desktop personal computers with dial-up Internet access
A significant minority of people who - for a number of reasons - are not users of these technologies
A small minority group with high-speed or high-mobility access to information services.
The view of the Committee is that these technology trends, while seeing a migration effect from non-use through to advanced use, will remain constant for many years, and that Government policy must accept, and foster, the democratic participation of those who do not have access to, or lack interest in, new communications and computing technologies.
Informed citizens make informed choices. The second part of the report focuses on the current performance of the Victorian Government in facilitating access to information using new technologies. This information need not simply be that provided by government. Rather, the Committee observes the important (and often driving) role of civil society actors in developing and promoting civic participation online.
In considering these matters, the Committee focused on a range of issues: disability access to content online, new ways to extend the reach of Government information, the role of information technology in our system of Freedom of Information, community content development and the current level of public-access Internet terminals provided to help overcome access difficulties for segments of our community.
Accessibility is the development of online content that allows it to be read by users with a range of technologies, and those with physical and intellectual impairments. Given that twenty percent of the Australian population has some form of impairment, that users in some remote areas or who are using older technology have a need for streamlined content to enable them to use the Internet effectively and that an array of new devices are being used to access the Internet, the Committee recognises the importance of meeting basic standards that provide the widest possible readership for material placed online.
Government information forms both a service-delivery function and a democratic function, and thus the unnecessary denial of access to this information should be considered as undemocratic.
In reviewing the issue of accessibility, the Committee found that international standards exist to assist in the appropriate design of online content, and that the Government of Victoria has begun to phase in these standards. This process is to be supported by the purchasing of new software to assist departments and agencies that publish content online.
The Committee considers compliance in this area as essential in ensuring democratic participation and the widest possible distribution of information. However, the Committee considers that the current level of minimum compliance is set too low, and that the management of our process for systematic improvement needs to be more rigorous.
In this Report, the Committee recommends that the minimum standard for online content accessibility in Victoria be increased. It also recommends the introduction of triennial reporting requirements, standardisation of information templates across government and variation from these policies by authorised exception only.
The Committee received evidence about new means to increase the distribution of information published online. This includes configuring the design of Government websites to allow ease of access for the next generation of mobile telephones and personal computers, as well as the introduction of new markup languages and content distribution models to allow Victorian public sector information to be syndicated across the World Wide Web and through "news aggregators" and similar technologies that are still under development.
The Committee considers that the Victorian Government could apply these technologies to "push" information to users, based on highly customisable content feeds. This would increase the relevance of Government information to users, and would provide choice and expand the discoverability of content published by the State.
The Committee also considered the changing technological environment of the Victorian Public Service, with regard to the administration of our Freedom of Information legislation.
While the Committee notes that the performance of this legislation has been good in recent years, its increasing popularity and the introduction of new technology has placed some strains on the administration of this important piece of democratic legislation. Areas of concern for the Committee include disagreement between the Victorian Ombudsman and the Department of Justice over compliance by the Public Sector to requirements for the release of information to facilitate public access to the legislation, performance of the online gateway that provides access to the application process and the capacity of the Victorian Public Service to store some electronic records in an effective way to allow full discovery under the Freedom of Information Act 1982.
It is the view of the Committee that the legislation does contain some anachronistic elements, given the shift to digital publishing and archiving of Government records. Aspects of the requirements of Government departments and agencies to provide an array of information in their annual reports about documents that are available to the public should be revised to acknowledge that this information can be voluminous and can be provided online in greater detail.
The Committee acknowledges that some interesting modifications to the general design of Freedom of Information legislation have been introduced in the United Kingdom. These innovations focus on the establishment of regularised publication schemes for government departments and agencies, and the Committee considers that this approach might be of value to Victoria.
In addition, the Committee considers that the online gateway for Freedom of Information requests should be redeveloped in order to offer a more comprehensive, and therefore compelling, service. The Committee considers that developments in electronic archiving will address some of the areas of concern related to the storage and retrieval of information that exists in digital format only, but regards the performance of the Victorian Public Sector to be somewhat deficient in and around the area of electronic mail archiving.
The Committee also recommends a number of small innovations to the way in which information released under Freedom of Information is handled, with the objective of improving the speed and efficiency of this legislation's administration.
In discussing the important role that the Victorian Public Sector has in providing information relevant to the political and policy making processes of the State of Victoria, the Committee also recognises the extremely critical role of non-government information providers in informing the public about political issues, overseeing and criticising the activities of Government and providing a civic "space" in which citizens can discuss, debate and challenge their understanding of public affairs.
Any means by which the State Government of Victoria can encourage or stimulate the provision of relevant democratic information using new technologies is to be encouraged. The Committee looked at the important role that public libraries have in fostering the creation of new content, and gave consideration to concerns made by a number of informed parties as to the relevance of the Libraries Act 1988 in an age when a significant amount of information is not being provided in printed format in the first instance. The Committee considers that a minor amendment to this legislation would expand the definition of "library materials" to better reflect a technologically neutral focus for these institutions.
The Committee considered and rejected the need for new investments in the development of software to assist Victorians in producing and publishing new content online, given the proliferation of free software packages of high quality. Instead, the Committee focused on the need to target specific communities which are disadvantaged or under-represented in the online environment, through programs focusing on the provision of training, hardware and relevant local content creation.
The Committee considers that a vibrant, online publishing culture in Victoria can be encouraged and supported through greater efforts by our cultural institutions to network and digitally preserve their material. As we continue to move into an era of information abundance, the important future role for the State Government will be in assisting culturally and politically relevant information to be archived effectively, and aid it its discovery and distribution.
Given concerns about the "digital divide" identified in Part I, the Committee examined the effectiveness of significant Government investment in the provision of free or subsidised computer terminals that provide access to the Internet.
The Committee identified that there are approximately eight thousand of these terminals around Victoria, and is relatively satisfied that the proliferation of these services is significant to meet the aggregate demand.
The Committee, however, did receive evidence that some of the traditional placement of these systems - such as in public libraries - may not have been the most appropriate geographical locations to service some sections of the community (low income earners and those with limited English). In addition, it was noted that the State has had some difficulties in ensuring these systems are replaced with appropriate rapidity. While the State has recently confirmed its commitment to these services, the Committee notes that program funding has resulted in a large number of machines being placed, in a way that may not be sustainable over the medium term.
The Committee concurs that some of the placement of these terminals may have been less than optimal with regard to linguistic minorities, but recognises strong evidence to show that the distribution through public libraries has been used for those Victorians on lower incomes. Thus, the Committee sees no specific need to substantially alter the distribution of these machines, except through the "natural process" of targeted funding adjustment. The Committee observes that new community based projects are likely to deliver better outcomes in this area because of their specific targeting of key groups.
In addition, the Committee notes that additional work could be undertaken to improve public awareness of the existence and location of these devices, using basic telephone information services, and that the State needs to implement systems to capture far more information about their usage rates and user profiles, and replacement data.
Having considered the issue of access to information, the Committee considered those means by which the interactive nature of new information and communications technologies could be employed to bring government closer to the people of Victoria.
It is the view of the Committee that there should be no expectation by government of participation by the entire community outside of the current requirements through the electoral process. What the Committee does consider, however, is that an informed public which identifies clear and direct means of communication and interaction with the Public Service, Executive Government and the Parliament, will make greater use of these opportunities to express themselves and enrich the decision-making process through their participation.
Given the critical importance of the electoral process in the democratic governance of Victoria, the Committee paid particular attention to the role that information and communications technologies can, and should, play in this process.
At the most basic level, the Committee regards the capacity of these technologies to deliver more information to Victorian voters during an election period as a positive improvement to the electoral process. In previous years, the Victorian Electoral Commission has provided an online version of statements provided by candidates in Local Government elections where the elections were undertaken entirely via postal ballot. The Committee observes that this process had ceased in 2004, following legal advice received by the Electoral Commission.
In reviewing this decision, the Committee recognises strong public interest reasons for expanding the amount of information published online about individual candidates, and the advantages of having this material in a central location. These advantages include simply providing more information to assist the elector in casting their vote, as well as the capacity for this material to be accessed by people with significant vision impairment, syndicated across the Internet, or translated for people with limited English language skills.
In addition, the Committee recognises that there are a number of groups within our community that have traditionally had limited access to written materials on the conduct of elections and the candidates participating. The Committee regards the provision of targeted funding to these groups to translate or transform content as appropriate and desirable in a diverse community such as Victoria.
In addition to the provision of information to support the casting of votes, the Inquiry specifically examined the role that information and communications technologies can play in transactional activities associated with elections. Likely transactions include enrolment (such as the use of the Internet to enrol to vote), the casting of votes (electronically) and administrative procedures that expedite the processing (counting) of votes.
While there is a range of compelling reasons to undertake many of these functions (enrolment and voting) over public networks such as the Internet, the Committee does not recommend this to proceed in the immediate term. In the opinion of the Committee, the security environment surrounding public computer and telecommunications networks is not favourable for the conduct of electoral transactions in such a manner as to ensure that the election has being conducted fairly, accurately and in a way that preserves the privacy of the elector.
While the Committee does recognise that the array of potential risks to registration or voting systems placed online can be met with countermeasures, the Committee does not consider that the countermeasures have reached the stage at which they are able to provide the general public with a safe transaction environment, or provide public and Government confidence in the conduct and outcome of elections so conducted.
The Committee acknowledges that distributed voting and enrolment provides considerable advantage to those with mobility, visual or linguistic barriers to participation, and that these systems may be very attractive to Victorians who are travelling or working abroad. Indeed, the Committee considers the introduction of remote voting using new technologies to be something that should be reconsidered on a regular basis, and that the Victorian Electoral Commission should continue to monitor developments around the security environment.
The Committee does recognise the advantages of using a limited number of electronic voting machines to provide secure and private votes for people with vision impairment and those with limited English language skills. While there have been a number of significant limitations with the introduction of these technologies internationally, the Committee considers that a modified version of the approach recently undertaken in the Australian Capital Territory would effectively manage the process of implementation, ensure confidence in the electoral process and outcome, meet the access needs of the target community and provide the basis for future experimentation and learning.
The Committee makes a number of recommendations and findings relating to the administration of vote-counting and data-entry procedures of the Victorian Electoral Commission. The Committee holds the view that the current process for developing and certifying the software used in vote counting does not provide a level of confidence that should be expected with these systems, and suggests that independent certification of the quality of these programs be acquired prior to their use in future elections. In addition, the Committee considers that some of the procedure surrounding short-term leasing of data-entry facilities have inherent risks associated with the integrity of electronic vote counting, and recommends a review of these procedures to determine the level of risk. Finally, the Committee acknowledges the desire of the Victorian Electoral Commission to introduce optical character recognition technology to speed the processing of votes, an innovation which the Committee supports.
In addition to consideration of the role of new technology in the formal processes of voting and elections, the Inquiry gave specific consideration to the role of computers and mobile devices in Government consultation and participation processes.
The use of electronic discussion lists, for example, as a means by which governments and parliaments have been able to access public input into decision making has been a clear driver for the Victorian Public Sector to consider similar activities. As a general principle, the Committee recognises that the introduction of new forms of communication in consultation processes should be undertaken as a matter of course. The public should be able to communicate with its public servants and politicians via whichever means appeals to them.
However, the Committee recommends that the use of new communications technologies be considered in the design and development of each consultation process undertaken in Victoria. While this type of civic-engagement activity has been "hived off" as a special activity ("online consultation"), it is the view of the Committee that this activity should be incorporated within general consultation and participation processes. What is needed is an awareness of the array of applications to which these technologies can be applied, the application of technologies that can be used to extend consultation into the online or mobile environment and the development of the specific skills needed by public servants to manage and maintain these activities.
The Committee recommends that the Department for Victorian Communities should develop a coordinating body for this type of practice for the Victorian Government, in a way which maximises the capacity of the Public Service and its partners in Local Government and the community to develop and share toolsets, experiential learning and other relevant information to encourage best practice in these tasks. The Committee envisages that the Department will need to develop an online clearinghouse for information and software developed under this area of practice.
In addition, the Committee recognises a debate in this area around the appropriateness of, and scope for, the moderation of these types of discussions by Government. Noting the tension between a desire for unfettered, free exchange between citizens and governments, and the need to protect participants and the State against actions under defamation, it is the view of the Committee that the moderation and oversight of these forms of participation will be required in most instances. The Committee makes a number of recommendations regarding best practice in moderation, and the means by which the specific skills associated with online moderation can be developed, retained and shared throughout the Victorian Public Service.
In the final part of this report, the Committee makes a number of general and specific findings with regard to the future role for the Parliament in an information age. The development of new communications technologies has been embraced by the Parliament of Victoria as a means to expand and extend the provision of information online, to improve communications between members of the public and the Parliament and to assist the work of Members of Parliament.
It is the view of the Committee that this work should be supported and extended, and that the Parliament of Victoria has a central role as one of the leaders in Victorian electronic democracy experimentation over the next decade.
The Committee examined the provision of Parliamentary information online, and notes three areas for improvement:
Greater compliance with accessibility guidelines for website design, in order to expand the accessibility of the Parliament's online information as widely as possible
Means to extend the reach of Parliamentary information through the use of syndication systems
The creation of new online content through the narrowcasting of Parliament as audio and video streaming media.
The Committee observes that Parliament could make significant use of new technologies to provide richer and more dynamic content online, particularly through webcasting. In considering this issue (video "broadcasting" of the Chambers of Parliament over the Internet), the Committee gave consideration to the views of members of the public, the desire of the Presiding Officers to proceed with this innovation and the means by which this would provide the best democratic yield.
The Committee's view of the approach to webcasting of proceedings does differ from others', specifically around the need to provide an archived and indexed version of the material in the first iteration of the service. It is the view of the Committee that webcasting, if it is to be effectively and meaningfully employed in Victoria, must provide options for the public to allow them to watch these events at a time convenient to them.
In addition, the Committee recognises that the system of publication of content online by individual Members of Parliament is not well developed, and the Committee considered a number of means by which greater provision of information by individual Members could be encouraged without compulsion or coercion.
It is the opinion of the Committee that the role of the Parliament of Victoria in the future will embrace greater use of new technologies to facilitate the interactivity between the institution and its Members, and the members and the public.
In this area of electronic democracy, the Committee strongly endorses online consultation methodologies for Parliamentary Committees, based on strong evidence from overseas that this can significantly improve the oversight functions of the Parliament, if appropriately implemented.
Furthermore, the Committee accepts the need for online petitions, implemented in such a manner as to facilitate access to the petitioning system, but also to stimulate citizen-to-citizen debate and discussion.
Finally, the Committee recognises demands to improve the work of the Parliament through the use of new technology. It considers that Committees should be able to regularly take evidence protected by Parliamentary Privilege via videoconferencing system, collect evidence online and conduct meetings with participation by remote Members.