The ALRC produces a range of publications including:
- Inquiry Reports,
- Consultation Documentation,
- Information sheets, and
- Reform Journal
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15.06.2010
Introduction
2.1 In this Inquiry the ALRC has been asked to have regard to the importance of balancing the public interest in an open and accountable system of government with the need to protect Commonwealth information. The challenge then is to identify the proper place for secrecy provisions in the context of open government.2.2 The concept …
Read more15.06.2010
From secrecy to open government
Secrecy and government2.4 The secrecy of government information has a long history. As Professor Enid Campbell has explained, the notion that the activities of government should be secret goes back to a period when monarchs were motivated by a desire to protect themselves against their rivals and official information was considered the property of the …
Read more15.06.2010
Current trends in open government
FOI reforms2.21 At the time of writing, the FOI Act is the subject of a proposed reform package based on a commitment by the Australian Government to ‘undertake the most significant overhaul of the FOI Act since its inception in 1982’.[30] The package includes the Freedom of Information (Removal of Conclusive Certificates and Other Measures) …
Read more15.06.2010
Freedom of expression
2.37 While open government is central to this Inquiry, another key principle of relevance is freedom of expression. This section of the chapter considers the international and domestic laws that protect this freedom, including the ICCPR and rights enacted in domestic law. It goes on to discuss the relationship between secrecy provisions and freedom of …
Read more15.06.2010
Balancing secrecy, freedom of expression and open government
2.80 The challenge for the ALRC in this Inquiry is to strike the right balance between the public interest in open and accountable government and the public interest in maintaining the confidentiality of some government information. The goal, then, is to identify the proper place, if any, for secrecy provisions in the context of a …
Read more03.05.2010
ALRC submission to inquiry into the provisions of the National Security Legislation Amendment Bill 2010 and Parliamentary Joint Committee on Law Enforcement Bill 2010
Submission to the Senate Standing Committee on Legal and Constitutional Affairs, 3 May 2010The Australian Law Reform Commission (ALRC) welcomes the opportunity to contribute to the Committee’s inquiry. The ALRC will restrict its comments to the National Security Legislation Amendment Bill 2010 (Cth), drawing on its experience from the major inquiry into sedition laws in …
Read more15.04.2010
ALRC Submission to the Inquiry into the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 (Cth)
The Australian Law Reform Commission (ALRC) makes the following submission to the Senate Standing Committee of Privileges Inquiry into the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 (Cth) (the Bill), on 15 April 2010In making this submission, the ALRC draws on its experience from its inquiry into secrecy laws which culminated in the …
Read more14.04.2010
Inquiry into the Tax Amendment (Confidentiality of Taxpayer Information) Bill 2009 (Cth)
The Australian Law Reform Commission (ALRC) makes the following submission to the Senate Standing Committee of Privileges Inquiry into the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 (Cth) (the Bill). In making this submission, the ALRC draws on its experience from its inquiry into secrecy laws which culminated in the final report—Secrecy Laws …
Read more11.03.2010
Secrecy Laws and Open Government in Australia (ALRC Report 112)
Official secrecy has a necessary and proper province in our system of government. A surfeit of secrecy does not.On 5 August 2008, the Attorney-General of Australia, the Hon Robert McClelland MP, asked the Australian Law Reform Commission to conduct an Inquiry into options for ensuring a consistent approach across government to the protection of Commonwealth …
Read more09.03.2010
ALRC submission to inquiry into the Future Direction and Role of the Scrutiny of Bills Committee
Senate Standing Committee for the Scrutiny of Bills Inquiry into the Future Direction and Role of the Scrutiny of Bills Committee.The ALRC welcomes the opportunity to contribute to a discussion on the future direction and role of this very important Committee.In order to assist the Committee with its inquiry, the ALRC has conducted a survey …
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