Page 2797 - Week 08 - Thursday, 11 August 2016
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confidence and which, if disclosed, would result in an action for a breach of confidence by that third party. This amendment provides a legitimate protection of commercial-in-confidence material where disclosure of the information would cause detriment to a third party.
The amendment also recognises the need for all third parties to be able to engage openly with government and disclose information which they can be certain will not be easily accessed. It is an essential amendment to protect both the government’s and third parties’ commercial interests.
MRS DUNNE (Ginninderra) (4.42): The Canberra Liberals will be opposing this amendment. I think it is ironic that we are coming up to an election. I recall an election campaign in a previous millennium when a Labor aspirant for the chief ministership said over and over again that he would not hide behind commercial-in-confidence as an excuse for withholding information. But since the election of that Labor government, the Labor government has consistently hidden behind commercial-in-confidence.
This is not to say that information will be pushed out in this space. But the thing is that there will not be a blanket protection and there will have to be the public interest test applied to the information. I am comfortable with that information. It will be challenging for all of us but that is what they pay us the big bucks for.
MR RATTENBURY (Molonglo) (4.43): Just briefly, the Greens will not be supporting this amendment. We believe this is another example where it should be subject to the public interest test. New South Wales, Tasmania and Victoria operate without the need for an absolute prohibition on this information under their respective FOI schemes. I do not believe there is any reason why the ACT cannot do the same. We believe this simply creates another mechanism for avoiding provision of information when there is no good reason why it could not be released to the public.
Amendment negatived.
MR CORBELL (Molonglo—Deputy Chief Minister, Attorney-General, Minister for Health, Minister for Police and Emergency Services and Minister for the Environment and Climate Change) (4.44): I seek leave to move amendments Nos 51, 52, and 54 to 57 circulated in my name together.
Leave granted.
MR CORBELL: I move the aforementioned amendments circulated in my name together [see schedule 2 at page 2854]. They deal with secrecy provisions.
These amendments insert into schedule 1 new clause 1.1(c), information disclosure of which is prohibited under law, and new clause 1.1(d), sensitive information. New clause 1.1(c) provides a protection for all ACT laws that include secrecy provisions prohibiting disclosure of sensitive and protected information. This section provides specific protection for secrecy provisions for protected information in the Adoption Act, Children and Young People Act, Crimes (Sex Offenders) Act and Crimes
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