LLB230 Lecture Notes - Lecture 5: Australian National Audit Office, Australia Post, Australian Security Intelligence Organisation
WEEK 5; FOI
Freedom of information
- government transparency
- shouldn’t have to ask for transparency
- open govt partnership
Challenges:
- costly; fees
- technology
- may it encourage govt secrecy
- impact on policy development
Criticisms:
- fees and charges
- record management
- some agencies remain secretive
- review rechs cumbersome
- no oversight body
2010 reform
- OAIC; review mechanism (merits) and investigate govt
- Information publication scheme
- Tighter controls on FOI
More reform?
- govt 2014 introduced bill to abolish OAIC but never followed through
- FOI Act Cth
The ‘objects clause’ s 3 Act
Sub 3 – information is a national resource
S 11 – FOI is legal right
(2) persons right of access is not on why they want access
s 3(A)
Agencies and documents
s 4
- some agencies are excempt – s 7;
oASIO
oAus National Audit Office
oABC broadcast material
oAus Post and medicare commercial material
Kline
- s 6(A) FOI Act
- how you define document
- GG is exempt from FOI Act
oHas secretary
oDocs of administration by secretary are subject to FOI Act
- Someone wanted to see the process of chosing the winners
- Are they admin documents?
- s 6(A) balance between public interest and need for efficient public
administration
- these docs are exempt from FOI Acr
- s 4(1)
ois there a document
ois there an agency
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Freedom of information government transparency shouldn"t have to ask for transparency open govt partnership. May it encourage govt secrecy impact on policy development. Criticisms: fees and charges record management some agencies remain secretive review rechs cumbersome no oversight body. Oaic; review mechanism (merits) and investigate govt. More reform? govt 2014 introduced bill to abolish oaic but never followed through. Sub 3 information is a national resource. S 11 foi is legal right (2) persons right of access is not on why they want access s 3(a) Agencies and documents s 4 some agencies are excempt s 7: asio, aus national audit office, abc broadcast material, aus post and medicare commercial material. Kline s 6(a) foi act how you define document. Gg is exempt from foi act: has secretary, docs of administration by secretary are subject to foi act. Someone wanted to see the process of chosing the winners. Parnell v prime minister of australia (no 2) [2012]
