Page 1344 - Week 04 - Tuesday, 27 March 2012
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in this bill should have a substantive effect on the way in which decision makers apply the act and how they regard the information that is being applied for.
Members are aware that the government has already introduced a policy under which documents produced under the act must be published on the internet. This policy is a significant development in the implementation of the open government policy introduced by the Chief Minister in October.
In conjunction with the publishing of summaries of cabinet decisions on the open government website, this bill places the ACT among leaders in government transparency in Australia. The bill makes compliance with the open government policy a legislative requirement, furthering underlining the commitment to ensure that the spirit of the “push model” is embraced by government directorates.
As part of the publication scheme, those publishing FOI documents will be required to do so within 15 days of access being granted to the applicant. This time period is longer than that provided for under the commonwealth scheme, which requires materials to be published within 10 days. However, the extended time provided for in the territory scheme is a reflection of the resource disparity between this jurisdiction and the commonwealth. The additional five days provided for under the ACT scheme strikes the appropriate balance between prompt publication and the effective utilisation of the territory’s resources without imposing undue burdens.
It is important to note that third-party rights over personal and business information will continue to be respected under the open government policy. Personal information that would usually be exempt from the requirement to provide access, but was released to the applicant at first instance on the basis that it was the applicant’s personal information applied for, will generally not be released under the policy. The same will apply to business information relating to applicants. This exemption ensures that personal rights to privacy and business information will not be subverted in giving effect to the open government policy. It is recognition that a government, invariably, does not hold exclusive rights to government-held information. The information should be treated with proper regard for these rights, not only when granting a requesting individual access to documents but also when publishing them online.
In addition to the introduction of a publication requirement to the act, the bill makes substantial amendments to the exemptions provisions of the act. It is a well-settled principle of public administration that there are circumstances in which access to government-held information should not be provided. The exemptions provisions in the act will continue to recognise this principle.
The exemption provisions in the legislation have been divided into two distinct categories. The first category contains a list of documents that, for broader public policy reasons, are exempt from the disclosure requirements under the act. This group includes documents such as those covered by legal professional privilege, documents containing material obtained in confidence, documents disclosing trade secrets or other commercially valuable information, and executive documents. The exemptions
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