Yesterday Federal Labor announced a re-vamping of Freedom of Information and Privacy legislation if it wins government. Not perfect, but better than the Howard Government's long rort of the terms 'transparency' and 'accountability'.
Journalists should welcome this attempt to protect them from punitive harassment by government.
The Australian Law Reform Commission might also reasonably expect a less obstructive response to its own recommendations.
This is what a Rudd Labor Government says it will do:
- 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.
"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"
ALP media release:
Executive Summary of Labor's Information Policy:
Full policy document:
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