Since coming to office, the Rudd Government has pursued an important reform agenda with the aim of restoring trust and integrity in government. Today I can announce the Rudd Labor Government is moving forward with fundamental reform to Australia’s Commonwealth Freedom of Information policy.
In my role as Shadow Attorney-General, I was honoured to develop the policies for FOI reform that formed part of our 2007 election policy document. Earlier this year Senator Faulkner released exposure draft legislation for public consultation, with the principal objective of promoting a pro-disclosure culture across the Government and building a stronger foundation for openness in government.
This week, we will take the next step to fulfil our election commitment to reform the Commonwealth Freedom of Information Act 1982 (FOI Act) by introducing bills into Parliament that will represent the biggest overhaul of the federal FOI regime since the Act’s inception in 1982.
The reforms are being implemented in two stages.
The first stage, the Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009 commenced on 7 October 2009. That Act repeals the power to issue conclusive certificates in the FOI Act and the Archives Act 1983, meaning that all decisions to refuse access to documents on grounds of exemptions are subject to full independent external merits review.
The second stage of reform is being progressed through two complementary bills: the Freedom of Information Amendment (Reform) Bill 2009 and the Information Commissioner Bill 2009.Following Caucus approval this morning, the Bills will be introduced to the Parliament this week.
These Bills will amend the FOI Act to make a number of reforms which focus on:
Other changes that will increase openness in government include:
At the centre piece of the Government’s FOI reforms is the establishment of the Office of the Information Commissioner. The Information Commissioner Bill 2009 will establish a new statutory office headed by an Information Commissioner who will be supported a new FOI Commissioner and the existing Privacy Commissioner. For the first time, oversight for both the privacy and FOI will be brought together in a single office, enabling both areas to develop consistent and workable information policy.
The Information Commissioner will be vested with all functions and powers under the Privacy Act 1988 (the privacy functions) and the FOI Act (the FOI functions) and have the function of reporting to the Minister on matters relating to information management.
Key functions of the Office include:
These Bills have been updated and improved following consultation with the public. By introducing these Bills to the Parliament, the Government is driving a cultural shift across government to free up access to government information and enhance accountability and transparency.
| Media Contact: | Website: |
|---|---|
| Sarah Cosson - 0423 823 843 or (02) 6277 7600 | www.cabinetsecretary.gov.au www.smos.gov.au |