Media Statement - 26th October 2007
Federal Labor today released its plan to reform freedom of information (FOI), journalist privilege, whistleblower protection and privacy laws – under a major plan to foster “open government”.
A Freedom of Information Commissioner will replace the Administrative Appeals Tribunal in the FOI review process.
Federal Labor will preserve the role of Privacy Commissioner and also complete the existing review of the operation of the Privacy Act so that protection and access to personal information across both the Privacy Act and FOI Act regimes are consistent.
Federal Labor is proposing a significant restructure of information laws. A Rudd Labor Government will:
- Bring together the functions of privacy protection and freedom of information in an Office of the Information Commissioner – to streamline and fast-track information policy across government;
- Preserve the existing role of the Privacy Commissioner – to protect individual privacy;
- Abolish conclusive (non-reviewable) certificates from the FOI process – which stymie genuine requests by allowing Ministers to arbitrarily deny the release of information – For example, Treasurer Peter Costello refused to release information on income tax bracket creep and data on the First Time Home Owners scheme;
- Support reasonable changes to current journalist shield laws to protect their sources and ensure that a responsible journalist is never again prosecuted for a story that is “merely embarrassing” to a government;
- Pursue national reform of suppression orders in court proceedings through the Standing Committee of Attorneys-General; and
- Provide best-practice legislation and expansion of protection for public interest disclosure whistleblowers protecting them from retribution – such as the customs officer, Mr Alan Kessing, who blew the whistle on organised crime, lax airport security and inadequate policing.
This is about breaking the code of silence that has developed after 11 years of the Howard Government.
Access to government information and decision-making are keys to a healthy and vibrant democracy. It also means that members of the community can obtain reasonable access to government records and documents that affect their lives.
Indirectly, strong FOI laws mean bureaucrats will provide
advice to their ministers without fear or favour – knowing that they may be held
to account and their decisions could made public.
The current FOI regime allows the Howard Government to
escape real transparency and genuine accountability. For 11 years, the Howard Government has shrunk away from the
light of public scrutiny and transparency – by abusing the current FOI
laws.
A more open system for obtaining reasonable access to government records is the mark of a strong democracy. In addition, it is essential that we keep a strong system in place to protect the privacy of individuals.
Background – FOI refusals – full or in
part
In the period 1997-98 to 2005-06, the Howard Government
refused full access to 75, 064 information requests; of those 57,975 were
refused in part and 17,089 refused completely.
In the period 2005-06, the Howard Government refused full access to 8,655 information requests; of those 6,298 refused in part and 2,357 were refused completely.
NOTE: The 'Government Information' election policy document, and an Executive Summary, are available as PDF under 'downloads; on this page.