Page 1641 - Week 05 - Thursday, 5 May 2016
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The bill does two key things. Firstly, it introduces an open access scheme to establish processes for the regular disclosure of government reports and information. Secondly, it makes the public interest the test for what information is released to the community. The bill is broadly modelled on the Queensland Right to Information Act. However, there are some important differences and new additions to the scheme have been adapted for our local circumstances to improve the availability of government information.
The objects of the bill can be summarised as to provide a public right of access to government information; to promote a culture of openness and transparency in government and increase government accountability; and finally to improve public understanding of government decisions and processes and promote public participation in government decision-making.
The default position created by the bill is that government information should be publicly released and decision-makers are required to approach the question of whether, on balance, information is contrary to the public interest to disclose with a pro disclosure bias. Decision-makers will be required to disclose information whenever that option is reasonably open to them.
An important new feature of the bill is the creation of what is to be known as open access information. This is the information that the government will be required to publish without the need for FOI applications to be made by individuals. Unlike other jurisdictions that have attempted to implement what is referred to as the “push model”, this bill contains a detailed list of the information that must be proactively released. This list includes greater detail about the expenditure of public money, the existence and output of various government advisory bodies, as well as greater detail about cabinet decisions.
The bill further imposes an obligation on government agencies to consider on an ongoing basis what additional information they can proactively make available. It authorises agencies to provide information in response to informal requests to avoid the need to go through the formal FOI process. The intention is that formal FOI requests will become a last resort as the community will have access to a much larger range of government information without the need for formal requests.
Importantly, the bill creates a public interest test that is designed to achieve a balance between protecting private rights and certain government processes and the public right to government information. Schedule 2 of the bill outlines the factors in the test favouring disclosure in the public interest and factors favouring nondisclosure in the public interest. Factors favouring nondisclosure include items such as issues that may prejudice privacy, security, administration of justice, intergovernmental relations, the ability to obtain confidential information and so on.
The bill will apply to every government entity and all government information—from ministers to directorates and the Office of the Legislative Assembly and every entity created by this place or by the executive. All information that a public entity can access is subject to the provisions of the bill.
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