[LINK] OT?: FOI: New Global Survey from PI

[stephen at melbpc.org.au]

At 11:01 PM 21/09/2006, Roger wrote:

> Privacy International Releases Global Freedom of Information Survey
>
> 20 September 2006. Privacy International has released the Freedom of
> Information Around the World 2006 Global Survey of Access to Government
> Information Laws.  The Survey provides a comprehensive review of
> Freedom of Information Laws and practices in nearly 70 countries
> around the world.  http://www.privacyinternational.org/foi/survey

Thank you, Roger .. a comprehensive country by country survey
regarding FOI.   Though many may agree an FOI Commissioner
would be good, at heart Australia is quite well served apparently.

AUSTRALIA  (p42)

. In 2004-2005, there were 508 requests made for internal review, of 
which 339 related to decisions regarding documents containing 'personal' 
information. 421 decisions were made on internal review – 56 percent 
upheld the agency decision and 44 percent resulted in the agency 
conceding additional materials. 

The Administrative Appeals Tribunal received 142 appeals and decided 130 
appeals. The Commonwealth Ombudsman received 275 complaints and finalised 
289 complaints about the way that Australian Government agencies handled 
requests under the FOI Act. (snip)

More recently, in February 2006 the Ombudsman released a report on the 
Act which strongly recommended that the Government establish a FOI 
Commissioner, possibly as a specialized and separately funded unit in the 
office of the Commonwealth Ombudsman.

The key was to ensure that an independent body would be tasked with 
monitoring and promoting the law. The Ombudsman’s report more generally 
found that requests were often not acknowledged and delayed and that 
there is still an uneven culture of support for FOI among government 
agencies, even 20 years after its enactment. 

It has been previously noted that budget cuts have severely restricted 
the capacity of the Attorney General's Department and the Ombudsman to 
support the Act and there is now little central direction, guidance or 
monitoring.

Under the Archives Act, most documents are available after 30 years. 
Cabinet notebooks are closed for 50 years.

The Crimes Act provides for punishment for the release of information 
without authorization. 

The National Security Information (Criminal Proceedings) Act 2004 was 
approved by Parliament in December 2004. It regulates the use of national 
security information in trials. The adoption followed the Australian Law 
Reform Commission report, "Keeping Secrets: The Protection of Classified 
and Security Sensitive Information" in June 2004. 

In 2005, the 'Intelligence Services Legislation Amendment Act' .. was 
passed .. which exempts the Defence Signals Directorate and the Defence 
Intelligence Organisation from the Act. Notably, the Australian Secret 
Intelligence Service (ASIO) and the Office of National Assessments (ONA) 
were already exempt.

As noted above, Privacy Act requests for access to personal information 
are funneled through the FOI. The Privacy Amendment (Private Sector) Act 
2000 gives individuals the right to access records about themselves held 
by private parties.

All six states and two territories now have freedom of information laws. 
There are also privacy acts in most states and territories.
--

Regards all ..
Stephen Loosley
Melbourne, Australia