Implementation
Freedom of Information Amendment (Reform) Bill 2009 (Cth) and Information Commissioner Bill 2009 (Cth)
In March 2009, Senator the Hon John Faulkner released a draft Freedom of Information Amendment (Reform) Bill 2009 (Cth) and Information Commissioner Bill 2009 (Cth) for public comment. Following consideration of submissions, the Government proposes to introduce the Bills into the Parliament in 2009.
The ALRC made a submission on the two Bills, noting that, if passed, the Bills will substantially implement the recommendations of the Open Government report.
Freedom of Information (Removal of Conclusive Certificates and Other Measures) Bill 2008 (Cth)
The Freedom of Information (Removal of Conclusive Certificates and Other Measures Act 2009 (Cth) repeals the power to issue conclusive certificates in the FOI Act for all exemption provisions where certificates may be issued. While the ALRC did not recommend the removal of all powers to issue conclusive certificates in the FOI Act, it did recommend that provisions for a conclusive certificate in ss 33A (Documents affecting relations with States) and 36 (Internal working documents) of the FOI Act should be removed.
Secrecy Provisions
In ALRC 77, the ALRC recommended a thorough review of all federal legislative provisions that prohibit disclosure by public servants of government held information to ensure that they do not prevent the disclosure of information. That would not be exempt under the FOI Act.
On 5 August 2008, the ALRC received Terms of Reference from the Attorney-General of Australia to consider options for ensuring a consistent approach across government to secrecy provisions.