Page 1760 - Week 05 - Thursday, 2 April 2009

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for the ACT, including whether such a commissioner should report directly to the Assembly. This is an issue that the Greens raised during the election campaign. Again, we think this may be a mechanism by which we can improve the conduct of the Freedom of Information Act and a mechanism for dealing with disputes when they arise. It may be a simpler and less expensive mechanism which avoids the need for the matter to go to court. I thank members in anticipation for their consideration of these amendments.

Amendment agreed to.

Amendments (by Mr Rattenbury), by leave, proposed:

(1) Insert the following new subparagraphs (2)(a) and (2)(b) after renumbered paragraph (2):

“(a) bearing in mind any privacy or confidentiality concerns, the extent to which decision documents and other documents released under FOI should be made widely publicly available, including in electronic form; and

(b) the extent to which the default status of all Government documents should be that they are publicly accessible, unless there are valid and compelling reasons why they should remain exempt from release or inspection.”.

(2) Add new subparagraph (i) to renumbered paragraph (4):

“(i) the benefits and terms of appointment of an independent Information Commissioner for the ACT, including whether such a commissioner should report directly to the Assembly.”.

MR CORBELL (Molonglo—Attorney-General, Minister for the Environment, Climate Change and Water, Minister for Energy and Minister for Police and Emergency Services) (10.52): I thought it would be appropriate to comment on Mr Rattenbury’s proposed new paragraph: “The benefits and terms of appointment of an information commissioner for the ACT, including whether such a commissioner should report directly to the Assembly.”

This term of reference, along with, indeed, the establishment of this inquiry overall, fulfils another requirement of the parliamentary agreement between the Labor government and the Greens to establish, or support the establishment of, such inquiries. I note that the parliamentary agreement proposed that potentially there could be two inquiries—one into the Freedom of Information Act and a separate one into the potential for the establishment of an independent information commissioner. I note that we are winding those two matters together. I think that is sensible and the government will support Mr Rattenbury’s amendments.

Amendments agreed to.

Motion, as amended, agreed to.


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