NSW FOI should be revamped

Wednesday, 11 October 2006
Greens launch bill for NSW FOI revamp

Greens MP Lee Rhiannon will today launch a private member's bill that demands a comprehensive and independent review of the NSW Freedom of Information Act to boost public access to government-held information.

"For over a decade the government has ignored the NSW Ombudsman's calls to review the FOI Act. His audits highlight that while the number of people using FOI to try access government-held information is increasing, less and less material is being released," Ms Rhiannon said.

"In an age of government spin-doctoring it is vital that both the media and public can lift the PR veil to scrutinise the operations of government. The Greens will use our bill to put pressure on the major parties to adopt an election platform that commits to reforming NSW's freedom of information laws.

"In the 17 years since the Act came into force the context of government has changed dramatically and technological advancements have radically altered the way information is managed. Yet our FOI laws are languishing in the dark ages.

"FOI applications have almost doubled in the past decade. Meanwhile the percentage of applications where all documents have been released has dropped from 81 percent in 1996 to around 63 percent currently. The number of applications refused in part has more than tripled during this time.

"Applicants are being discouraged by unrealistic fees and lengthy delays in processing requests. Government agencies are overusing or misusing exemption clauses, such as cabinet confidentiality, to deny access to information.

"The growth in public private partnerships and privatisation of services means that information about major public services and infrastructure is being kept under wraps via commercial-in-confidence exemptions.

"The Greens bill requires that an independent review of the Act consider the value of establishing an independent body to manage FOI applications in NSW.

"The review must also examine how the FOI Act can alter the current situation where applicants are in effect left to demonstrate why it is in the public interest to release information. This clearly goes against the spirit of the Act.

"The Greens believe now is the time to move to a system of proactive disclosure, where the bulk of government information is automatically made available via the internet.