Open Records Laws › Vanuatu

Vanuatu

Right to Information Act No. 13 of 2016

Right to Information Act No. 13 of 2016

RTI Rating: 121 (source)

Response Timeline

Initial Response
30 days
Extension
14 days
Residency Required
None

Calendar days. Initial response within 30 days. May be extended once for up to 14 additional days.

How to Submit a Request

Accepted Methods

  • {'notes': 'Paper mail or in-person submission', 'method': 'Written'}
  • {'notes': 'Spoken request to agency', 'method': 'Oral'}
  • {'notes': 'Email or online portal', 'method': 'Electronic'}

Requests may be made in writing, orally, or through any electronic means. Private entities must explain how the information protects their rights.

Required Elements

  • Postal address, fax number, or email
  • Telephone number
  • Preferred form of access
  • Language preference
  • If requesting for another person: capacity/authority to do so
  • If from private entity: explanation of how information protects rights
  • If relevant: indication that information is necessary to safeguard life or liberty

Fees

Fee Type Amount Notes
Copies (per page) VUV425.00

No fee required to lodge an RTI application. Search time and examination for exempt matter are free. Applicants must pay prescribed reproduction fees if their request is granted, capped at VT50,000 (approximately USD 425-450). No detailed fee schedule or tiered pricing structure is specified in the law.

Fee Waivers

  • The law contains no provisions for fee waivers based on financial hardship or public interest.

Exemptions

  • Custom and Traditions
    Information relating to custom, traditions, and practices (definition unclear in law)
  • Journalistic/Artistic Content
    Journalistic, artistic, or literary content held by public media bodies
  • Legal Protections
    Information covered by defamation, breach of confidence, or copyright
  • Part 5 Exemptions
    Additional exemptions specified in Part 5 of the Act (subject to harm test and public interest override)
  • Premature Release
    Deferrals when premature release would be contrary to the public interest

All exemptions require a harm test - information may only be refused where disclosure poses a risk of actual harm to a protected interest. Strong public interest override (Section 38) requires RTI officers to grant access despite exemptions if disclosure serves the public interest, including preventing offences, promoting oversight of public funds, protecting health/safety, or enabling public debate. The override applies to Part 5 exemptions only. Officers must consider the public interest before refusing access. Government embarrassment, risk of misinterpretation, or author seniority cannot justify refusal.

Appeal Process

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Vanuatu's appeals system is robust on paper but enforcement-limited in practice. The law provides NO internal review process, requiring requesters to appeal directly to an independent Information Commissioner with broad appeal grounds and clear 30-day decision timelines. The Commissioner has extensive powers including summoning witnesses, compelling evidence, inspecting premises, and requiring compliance measures. However, the Information Commissioner position remained vacant as of June 2023, seven years after the Act's passage, severely undermining the law's effectiveness despite strong structural protections and a VT10 million approved budget. Until the Commissioner is appointed, the appeals mechanism exists in statute only. RTI Unit staff handle requests but cannot enforce compliance or hear appeals.

Sources & References