Page 3050 - Week 12 - Tuesday, 17 November 1992
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It is very important to reiterate the point that the guidelines adopted by the ACT reflect the guidelines that continue to apply in the Commonwealth and are entitled Guidelines on Official Conduct of Commonwealth Public Servants, in particular paragraphs 61 to 67 of Part D of Appendix A of that document. That part, which has been tabled, is headed "Access by Individual Members of Parliament to Public Servants and Officers of Statutory Authorities". The Commonwealth guidelines are contained in an appendix to an ACT handbook, ACT Government Participation in Parliamentary and Other Inquiries, which was adopted by the Alliance Government. I fail to understand the point of members opposite. They are being hypocritical in the extreme in taking this stance.
To return to the guidelines, while there are not any hard and fast rules as to what information falls into the category of publicly available factual information, the guidelines certainly do provide some assistance. If I could read briefly from them, as members appear not to be able or willing to read them themselves, Part D states:
Requests for information are usually made through the responsible Minister, but it is recognised that direct approaches to officials for routine factual information, particularly on constituency matters, are traditional and appropriate.
In any event, an official should inform the department secretary of any request for information and the response, and inform the Minister of any matter which is likely to involve him or her.
When a request by a member of parliament amounts to no more than a request for readily available factual information, the information should obviously be provided.
There may be other occasions where, in the judgement of officials, a member's request raises sensitive issues, for example, where expressions of opinion are sought of government policies or alternative policies, as distinct from explanation of existing policies. Officials will not be expected or authorised to express opinions on government policies, policy options or matters of a Party political nature. Information provided may, however, include details of administrative arrangements and procedures involved in implementation of approved policies or legislation.
Where a request is made which seeks expressions of opinion on government policies or policy options, it would be appropriate to suggest that the member pursue the matter with the Minister. Similar action would be appropriate if a request raised other issues of a sensitive nature, or where the answering of a request would necessitate the use of substantial resources of the department or authority.
Care should be taken to avoid unauthorised disclosure of classified or otherwise confidential information, for example, where a breach of personal or commercial privacy could be involved.
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