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Budget 2014: freedom of information framework faces radical surgery Budget 2014: freedom of information framework faces radical surgery
(about 13 hours later)
Australia’s privacy and freedom of information watchdog will be effectively abolished and have its core functions distributed to different agencies in a series of changes proposed in the budget.Australia’s privacy and freedom of information watchdog will be effectively abolished and have its core functions distributed to different agencies in a series of changes proposed in the budget.
The budget revealed sweeping changes to the freedom of information and privacy framework and will undo some of the key reforms introduced by the previous Labor government in 2009.The budget revealed sweeping changes to the freedom of information and privacy framework and will undo some of the key reforms introduced by the previous Labor government in 2009.
The role of privacy commissioner will be moved to a position within the Australian Human Rights Commission and the commonwealth ombudsman will handle complaints for freedom of information requests, as occurred before to 2009. The role of privacy commissioner will be moved to a position within the Australian Human Rights Commission and the Commonwealth ombudsman will handle complaints about freedom of information requests, as occurred before 2009.
Reviews of the merits of freedom of information requests were previously available free of charge through the freedom of information commissioner, but this will be moved back to the Administrative Appeals Tribunal, which is likely to impose a charge of more than $800. Reviews of the merits of freedom of information requests were previously available free of charge through the freedom of information commissioner, but this will be moved back to the administrative appeals tribunal, which is likely to impose a charge of more than $800.
With complaints and merits reviews absorbed into different agencies, it appears the role of freedom of information commissioner may be abolished.With complaints and merits reviews absorbed into different agencies, it appears the role of freedom of information commissioner may be abolished.
“The government will achieve savings of $10.2m over four years by establishing new arrangements to deliver privacy and Freedom of Information (FOI) functions,” the budget papers said. “The government will achieve savings of $10.2m over four years by establishing new arrangements to deliver privacy and freedom of information (FOI) functions,” the budget papers said.
On Wednesday, information commissioner John McMillan, privacy commissioner Timothy Pilgrim and freedom of information commissioner James Popple released a joint statement that confirmed the office would be disbanded by January 2015.
“We are committed to ensuring that the FOI Act and Privacy Act continue to operate effectively prior to 1 January 2015 and that a smooth transition to the new arrangements will occur.”
The budget also proposes allowing freedom of information guidelines to be set directly by the attorney-general’s department, which will take responsibility “for the issuance of FOI guidelines, collection of statistics and provision of explanatory material on the operation of the Freedom of Information Act”.The budget also proposes allowing freedom of information guidelines to be set directly by the attorney-general’s department, which will take responsibility “for the issuance of FOI guidelines, collection of statistics and provision of explanatory material on the operation of the Freedom of Information Act”.
Greens senator Lee Rhiannon said the changes were a major blow to freedom of information and privacy protection.
“The Coalition government is the only winner out of this retrograde budget cut that will make it easier for them to operate with minimal scrutiny.
“The Treasurer’s $10.2m cuts to FOI functions further entrenches the Abbott government fondness for secrecy. These changes will make it harder to scrutinise the activities of departments and politicians.”
The office of the Australian freedom of commissioner was created to act as a champion of open government as part of a series of reforms in 2009.The office of the Australian freedom of commissioner was created to act as a champion of open government as part of a series of reforms in 2009.
But it has faced a mounting caseload of freedom of information requests and complaints. Cases before the commission can take more than a year to be decided.But it has faced a mounting caseload of freedom of information requests and complaints. Cases before the commission can take more than a year to be decided.
In a statement on Wednesday the attorney-general, George Brandis, said: “The complex and multilevel merits review system for FOI matters has contributed to significant processing delays. Simplifying and streamlining FOI review processes by transferring these functions from the OAIC to the AAT will improve administrative efficiencies and reduce the burden on FOI applicants.”