Page 5529 - Week 13 - Thursday, 17 November 2011
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agreed in full to 11 of the recommendations of the standing committee and agreed in part to one recommendation.
Six key changes are incorporated in this bill. They deal with the following areas. Firstly, there will be a requirement to publish on the internet documents provided under the FOI Act. Secondly, the FOI Act is amended to adopt, as far as possible, the key features of the newly updated commonwealth FOI Act. Thirdly, the objects clause of the act will clearly state that government held information is a public resource. Fourthly, the act will clearly distinguish between exempt documents and conditionally exempt documents. Fifthly, there will be a single public interest test that applies to conditionally exempt documents. Finally, conclusive certificates issued prior to the 2009 abolition of most powers to issue such a certificate will be revoked.
Mrs Dunne: We get to see all those school closure documents.
MR BARR: Importantly, this bill will implement within the act a “push model” of information release in the ACT.
Mrs Dunne: I can hardly wait for that.
MR BARR: It is all on the My School website, Vicki.
In response to recommendation 3, the bill introduces an enhanced framework to facilitate the proactive release of government held information. Most notably, the bill introduces a legislative requirement to publish materials disclosed under FOI applications on the internet. This publication must occur within 15 days of the material being released to the applicant.
The government has already introduced a policy of publishing materials produced under FOI applications on the new Open Government website. This bill makes compliance with this policy a legislative requirement.
This push model is further embodied by the implementation of a presumption in favour of releasing documents to the community. The amended act will provide that documents must generally be released, unless there is a compelling reason to withhold them.
The right to seek, receive and impart information provided for in subsection 16(2) of the Human Rights Act 2004 is given effect to, enhancing the ability of people seeking access to territory government held information to obtain documents under the FOI Act.
The amendments also ensure that the right to privacy under section 12 of the Human Rights Act, and the right to take part in public life under section 17, are respected in the administration of the act.
I note that, as part of the Chief Minister’s statement on open governance on 23 June this year, the government’s support for a push model for release of information is not limited to the application of the Freedom of Information Act.
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