THE NSW Ombudsman has forced the state Government to join a national push for stronger freedom of information laws | The Australian

Iemma forced to back FOI scrutiny

 

 

Chris Merritt, Legal affairs editor | April 23, 2008

 

THE NSW Ombudsman has forced the state Government to join a national push for stronger freedom of information laws.

The Government yesterday pledged its co-operation soon after state Ombudsman Bruce Barbour announced he was holding his own review because the Government had failed to act.

"For almost 14 years, each NSW ombudsman, including myself, has called for an independent and comprehensive review of the FOI Act," Mr Barbour said. "In the absence of the NSW Government initiating a review of the act, I have decided to conduct my own independent and comprehensive review."

But after Mr Barbour informed the Government of his plans, Premier Morris Iemma welcomed the move. His spokeswoman said yesterday that the Ombudsman was best placed to undertake the review.

Mr Iemma had written to Mr Barbour supporting his initiative and offering the Government's assistance and co-operation, the spokeswoman said.

Mr Barbour announced yesterday he would be conducting simultaneous investigations of the FOI practices at a number of government agencies, local councils, universities and area health services. "These comprehensive investigations will involve audits of FOI files held by various agencies," he said.

Mr Iemma's spokeswoman said the Government would not attempt to block access to government agencies. And if Mr Barbour asked for more resources for the review, the Government would consider supplying them, she said.

The review follows similar inquiries in some other states and a strong endorsement for open government by participants at the 2020 Summit.

The Rudd Government is already committed to overhauling its FOI scheme and abolishing conclusive certificates that give ministers the legal right to block FOI requests.

Queensland is part way through a review of its scheme by David Solomon, journalist, barrister and former chairman of the state's Electoral and Administrative Review Committee.

When the Queensland review was announced, Premier Anna Bligh said she wanted to provide the public with greater accessibility to information and greater transparency.

But concerns have begun to emerge that the Queensland Government is placing some documents beyond the reach of FOI laws by transferring them to the state Crime and Misconduct Commission, which is exempt from the FOI scheme.

Legal academic Rick Snell said the NSW review was overdue as that state's FOI scheme "has not worked as well as it could have".

"It has not been well cared for and maintained," he said.

Despite a series of reports and discussion papers on the NSW FOI scheme, there had been little action, he said.

The key failings in the NSW scheme are believed to include: the complexity and inconsistencies in the scheme; different approaches between government agencies to whether information should be released; the cost of applications; and the increasing use of electronic records instead of paper documents.

Mr Barbour said he was encouraged by moves by Queensland, Victoria and Western Australia, which had shown a commitment to ensuring their FOI acts remained relevant and effective.

 
 

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