FoI

Question 1

Freedom of Information Act 1982

Answer 1

• hold governments to account
• public access to information
• allow scrutiny of govt activities
• gives any person the right to:
  
  • access copies of documents (except exempt documents)
  • ask for information to be changed (if it is inaccurate)
  • seek a review (appeal) of decision X allow access to document (or not amend personal records)
• exempt documents → access denied:
  
  • national security
  • material obtained in confidence
  • Cabinet documents
  • ‘other matters’ set out in the FOI Act

Question 2

Office of the Australian Information Commissioner (OAIC)

Answer 2

• independent agency in the attorney-general’s portfolio
• established under the Australian Information Commissioner Act 2010
• role =
  
  • regulation of privacy and freedom of information
  • ensuring proper handling of personal information under the Privacy Act 1988
  • protecting the public’s right of access to documents under the Freedom of Information Act 1982

Question 3

Australian Information Commissioner

Answer 3

• OAIC led by Australian Information Commissioner
  Angelene Falk
• appointed Australian Information Commissioner and Privacy Commissioner 2018
• reappointed 2021

Question 4

Timeline of FoI Commissioner

Answer 4

• Liberals Failed Attempted to Abolish Freedom of Information Commissioner
  
  • 2014 Liberal PM Tony Abbott attempted to abolish OAIC
  • Senate blocked the legislation
  • Abbott combined all 3 roles (Information, Privacy and FOI Commissioners) into a single office and reduced the funding
  • FOI Commissioner left vacant 2015-2022
• Labor Reinstates Freedom of Information Commissioner
  
  • May 2023 Labor Govt announced a return to the 3-Commissioner model of the OAIC
  • Information Commissioner (Angelene Falk)
  • Privacy Commissioner (Angelene Falk)
  • Freedom of Information Commissioner (Toni Pirani)
• FoI Commissioner Quits
  
  • Leo Hardiman quit as FoI Commissioner in March 2023 (1 year into a 5-year term)
  • frustrated with chronic delays, poor resourcing + actively prevented from fixing problems with OAIC
  • 20 May 2023 Toni Pirani appointed Acting FoI Commissioner

Question 5

FoI Delays

Answer 5

• OAIC reported in 2020 that of 325 applications awaiting review, 80 per cent had not even been assigned to a reviewer
• In one case, a journalist requested access to information about robodebt from Services Australia. By the time the OAIC had finalised its review, almost three years later, the scheme was being shut down
• In 2023 the number of unresolved FoI matters had grown to 2060 (some reaching back to 2018)
• Senator Rex Patrick requested information about the ‘Sports Rorts’ Affair. Patrick’s request was finally decided almost 3 years after he submitted it (> 1 year after Scott Morrison lost govt)
• Rate of compliance with Senate orders:
  
  • 92% under the Hawke government in 1992-93
  • 20% under current Albanese Labor govt (worse than it was under Scott Morrison Coalition)
• March 2023:
  
  • ≈ 600 FoI cases languished b/f information commissioner >3 years
    42 cases still not resolved after half a decade