Freedom of Information

19 October 2006
Greens win review of NSW FOI bill

The Greens private members bill calling for a comprehensive review of the NSW Freedom of Information Act was passed today in the Upper House.

“The Bill was passed by 24 votes to 17. The Government voted against the bill. This is an important win for open and accountable government”, said Greens MP Lee Rhiannon.

“The Government’s decision to vote against the bill shows they are committed to a culture of secrecy.

“The review must be undertaken by a body independent from the government as soon as possible after the bill is passed. The reviewer is to hold public hearings at locations throughout NSW. A report on the outcome of the review must be presented in parliament within 18 months.

“The bill requires that the review consider the timeliness of FOI applications, the expense of FOI applications and the government’s use and misuse of exemptions to refuse access to information.

“The NSW FOI Act is stuck in the horse-and-buggie age and has not been reviewed in its 17 years of operation, despite recommendations from the NSW Ombudsman for over a decade to review the FOI Act.

“In debate, Labor MP Amanda Fazio claimed that the Act is under constant review. But this is a Clayton’s review process. There is no timeline, no call for public submissions and no public report or recommendations. The people of NSW deserve better.

“The government also argued against a review because it is currently updating its FOI procedures manual. This is a dismal defence. The FOI procedures manual is already 7 years overdue, showing what little regard the government really has for FOI laws.

“FOI application fees are so high that people are being dissuaded from using FOI laws and requests are being met with lengthy delays. Government agencies are overusing or misusing exemption clauses, such as cabinet confidentiality, to deny access to information.

“The Bill will now move to the Lower House. It is time Premier Iemma showed some leadership and reformed this key piece of legislation,” Ms Rhiannon said.