Centre For Public Integrity investigation into Freedom of Information (FOI) in Australia.
FOI delays outside the statutory 30-day period have doubled in the past 10 years, according to research by the Centre for Public Integrity.
As well as systemic delays, the research finds that FOI refusals have increased 50%, while requests granted in full have fallen 30%.
The research finds:
- FOI requests responded to outside the statutory 30-day period have increased from 11.5 per cent in 2011-12 to 22.5 per cent in 2021-22.
- FOI requests over 90 days late have increased over 10-fold, from 1.3 per cent in 2011 to 12.4 per cent in 2021.
- The percentage of FOI requests refused completely has increased 52 per cent from 11.5 per cent in 2011-12 to 17.7 per cent in 2020-21.
- The percentage of FOI requests granted in full has fallen 30 per cent from 59.1 per cent in 2011-12 to 41.1 per cent in 2020-21.
Geoffrey Watson SC, a director of the Centre for Public Integrity. © Mark Anning photo 2018
“The public has a right to know information pertaining to public administration”
“FOI is an important aspect of our democracy. Without transparency of information, a culture of secrecy and corruption can flourish”
“The system is broken. Delays and refusals to give information are on the rise, leaving the public in the dark about important government business. We need to increase staffing and resourcing of the Information Commissioner, and implement sanctions against officers in contempt of the FOI Act”
said Geoffrey Watson SC, a director of the Centre for Public Integrity.
See also: Rex Patrick says Parliament needs to fix broken FOI system
Problems:
FOI delays outside the statutory 30-day period have doubled in the past 10 years
FOI refusals have increased 50%, while requests granted in full have fallen 30%
FOI requests over 90 days late have increased over 10-fold
The percentage of FOI requests refused completely has increased 52 per cent
As leading Australian barrister and Centre committee member Bret Walker SC said:
“Without knowing about what government is doing, the idea of democracy is defeated.”
“The desire for secrecy has gone way beyond acceptable limits on the part of governments in this country.”
“The supposed benefits of freedom of information legislation have nearly been destroyed by recalcitrant administrators and counterproductive exemptions”
Bret Walker SC, one of the country’s leading barristers, said
How can we fix the broken FOI system?
Developing a pro-disclosure culture in the Office of the Australian Information Commissioner (OAIC)
Resourcing the OAIC appropriately
Disciplinary sanctions when officers repeatedly make decisions against the FOI Act
Joint parliamentary oversight committees
Change of FOI Act to prevent the change of a minister from invalidating an application
The FOI Act to make clear that the National Cabinet is not captured by the cabinet exemption
Read the paper by Centre For Public Integrity in full here
See also: Rex Patrick says Parliament needs to fix broken FOI system
In May 2023, the Federal Court held that the Information Commissioner has a duty to make a decision once they receive an application, rather than after their investigation is completed which often takes years.
The Federal Court put responsibility squarely on the government’s shoulders, finding that there had been ‘very significant delays’ due to an ‘unquestionable shortage of resources’ for the Information Commissioner – but held that it is a decision for the Government and Parliament to provide the funding in order to ‘enable the discharge of the Commissioner’s statutory functions’.
This case brought by former Senator Rex Patrick goes to the heart of how the Australian FOI system works and has far-reaching implications for the rights of journalists, civil society organisations and the wider public to access government information, hold leaders and decision-makers to account, and understand what is being done in their name.
