[LINK] Key NBN bill passes the Senate

rene rene.ln at libertus.net
Sat Mar 26 13:23:57 AEDT 2011


On Sat, 26 Mar 2011 09:53:09 +1100, Jan Whitaker wrote:
[...]
> There are other groups that have been said to be outside FOI, such as
> NEHTA. [Roger, correct me if I have this wrong.] This has been a
> problem because of the level of reliance the country has on this
> group for eHealth, and in particular for the last 10 years,
> electronic health records.
>
> It's like we have this second government operating, either through
> assigned 'independent' qangos that just fall outside the compliance
> rules or public-private-partnerships where commercial in confidence
> comes into play.

Indeed.

NEHTA exempt from FOI laws, 22/2/2011
http://www.theaustralian.com.au/australian-it/government/nehta-exempt-from-
foi-laws/story-fn4htb9o-1226010207774
=====
"...Dr Popple said the [FOI] Act covered departments and prescribed 
authorities.

"Prescribed authorities are crucially defined to mean a body corporate, an 
unincorporated body established for a public purpose," he said. "I 
understand NEHTA is a public company limited by guarantee so it is not 
covered."
[...]
Last month Prime Minister Julia Gillard confirmed that NBN Co, the company 
charged with building the $36 billion broadband network, would also avoid 
FOI scrutiny as an incorporated company. ..."
=====

There's also a bunch of exemptions from FOI for various entities that are 
departments or "prescribed authorities" in Sch 2 of the Act.
http://www.austlii.edu.au/au/legis/cth/consol_act/foia1982222/sch2.html

Could be other exemptions buried somewhere in it as well.

Irene





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