LLB230 Lecture Notes - Lecture 5: Australia Post, Material Issue, Telstra
Week 5 – Obtaining Information: Freedom of Information (FOI) & Reasons
Adoption of Access to Information Legislation in Australia
• FOI Act allows individuals to access information
• Freedom of Information Act 1982 (Cth)
History
• Freedom to the Press Act 1766 (Sweden)
• Freedom of Information Act 1966 (US) → triggered Australia
• Australia:
- Introduced by Gough Whitlam (1972) ut it ast util Malo Fase
government 10 years later that a FOI was introduced
- Gough Whitlam → less secret society, more open society, more cooperative
soiet, ette ioled ad ifoed soiet
- Enacted in 1982 (Freedom of Information Act 1982 (Cth))
- NSW FOI enacted in 1989: Government Information (Public Access) Act 2009
(NSW) (GIPA Act)
Two other statutes that provide public access to gov. information:
1. Privacy Act 1988 (Cth)
2. Archives Act 1983 (Cth)
Philosophy and Scope
• Mode idea to aept that pat of deoa is a ope goeet' →
fundamental importance of transparency and public participation in decision making
• Values of government changing in recent years
- Government transparency
- Public participation
- Accountability
- A ell ifoed itize is the lifelood of deoa CB 1176)
• Recognised need to access to personal information and government process
• Proactive publication
• Improved quality of decision-making → accountability issue
• Enhanced participative democracy
• Access to information as a human right? → ongoing discussion. Not generally
classified as a right
- UN General Assembly 1946 – FOI is a fudaetal hua ight ad the
touhstoe of all feedos to hih the UN is oseated
• 2011 → formation of open government partnership → various countries came
together and signed objectives to be more open and transparent
- Australia took a while to come on board but is now part of it
- CB 1177
find more resources at oneclass.com
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Challenges
• Cost to government → fees have never met the cost
- Estimated cost between 1982 and 2011 was $498 million
- 2.08% recovered in fees and charges
• Technological advances → opportunity and challenges to provide access to
information over the internet
- Agencies required to public information on their website → Information
Publication Scheme s 7A
- S 6 NSW Act
• Bigger issue on whether FOI might have the reverse effect in encouraging
government secrecy
- Where ministers might have felt free to speak freely in meetings they may not be
able to anymore because everything is recorded
- Must be quite guarded on what they say
- Does this encourage secrecy?
- Impact on policy development and internal deliberation?
Criticism of FOI
• Lack of strong political support for FOI legislation
• Fees & charges should not be an obstacle to public access to government
information
• Some agencies remain secretive especially sensitive issues as they are more prone to
public criticism
• Record management needs improvement
• Review mechanisms sometimes cumbersome
• Tension between FOI & privacy laws
• Confusing
• Restrictions & exemptions → overuse
• Most requests are for personal information - not non-personal information
• No oversight body, only review mechanisms
• Should be stronger pressure on government to engage in proactive disclosure
Three major reports reviewing FOI Act:
1. 1987 → Report on the Operation and Administration of the Freedom of Information
Legislation – Senate Standing Committee on Legal and Constitutional Affairs
2. 1995 → Open Government: A Review of the Federal Freedom of Information Act
1982 – ALRC and Administrative Review Council
3. 2013 → Review of the Freedom of Information Act 1982 and Australian Information
Commissioner Act 2010 – Dr. Allan Hawke AC
• ALSO, three investigation reports by the Commonwealth Ombudsman
• Australian National Audit Office has done a study
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find more resources at oneclass.com
FOI Reform
• 1982 – 2010 → reform was slow
- still problems due to the reluctance of government to embrace the idea of FOI
• Changes in 2009 to remove conclusive certificate provisions from the Act
Majo hages i ude Kei ‘udds government
• Reduce FOI charges
• Simplify FOI request procedure
• Revise exemption procedure → new public interest test
• New scheme for mandatory publication of information on websites re certain types
of information
• Aims for a proactive approach to disclosure
• Information freely available
• Lessen delay
• New objects clause
• Promotes pro-disclosure
• Tighter controls on FOI processing
• Establish Office of the Australian Information Commissioner (OAIC)
- OAIC conducts freedom of information reviews and investigations into
government agencies and hears complaints
- Has the ability of merits review of the decision of an agency to refuse an FOI
request
- Hybrid model between Ombudsman/merits review/tribunal
- Educative function to help the public understand FOI
• Act extended to documents held by government contractors who provide services to
the public or third parties on behalf of agencies (s 6C)
More Reforms?
• The federal government has introduced a bill that would abolish the Office of the
Australian Information Commissioner
- Government concerned about pro-disclosure
- As part of the changes the role of the privacy commissioner, which now sits
within the OAIC, would become part of the Australian Human Rights Commission
- But at a 2014 Senate inquiry into the amendments, Gillian Triggs told the
committee that the proposed model for integrating the privacy commissioner
ould allo the oissioe to sit apat fo the AH‘Cs foal stutue, ut
would still draw from its funding
Source: The Guardian, Gillian Triggs: some Coalition FOI and privacy reforms
'unworkable 10 November 2014
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Week 5 obtaining information: freedom of information (foi) & reasons. Adoption of access to information legislation in australia: foi act allows individuals to access information, freedom of information act 1982 (cth) History: freedom to the press act 1766 (sweden, freedom of information act 1966 (us) triggered australia, australia: Introduced by gough whitlam (1972) (cid:271)ut it (cid:449)as(cid:374)(cid:859)t u(cid:374)til mal(cid:272)o(cid:373) f(cid:396)ase(cid:396) government 10 years later that a foi was introduced. Gough whitlam (cid:862)less secret society, more open society, more cooperative so(cid:272)iet(cid:455), (cid:271)ette(cid:396) i(cid:374)(cid:448)ol(cid:448)ed a(cid:374)d i(cid:374)fo(cid:396)(cid:373)ed so(cid:272)iet(cid:455)(cid:863) Enacted in 1982 (freedom of information act 1982 (cth)) Nsw foi enacted in 1989: government information (public access) act 2009 (nsw) (gipa act) Two other statutes that provide public access to gov. information: privacy act 1988 (cth, archives act 1983 (cth) Philosophy and scope: mode(cid:396)(cid:374) idea to a(cid:272)(cid:272)ept that pa(cid:396)t of de(cid:373)o(cid:272)(cid:396)a(cid:272)(cid:455) is a(cid:374) (cid:858)ope(cid:374) go(cid:448)e(cid:396)(cid:374)(cid:373)e(cid:374)t" fundamental importance of transparency and public participation in decision making, values of government changing in recent years.
