Published Wednesday, 20 August, 2008 at 04:35 PM

Premier
The Honourable Anna Bligh

PUBLIC TO GAIN GREATER ACCESS TO CABINET DOCUMENTS

Access to State Cabinet documents will be dramatically improved under sweeping changes to Queensland’s FOI laws.

Premier Anna Bligh today released the State Government’s response to Dr David Solomon’s report into Freedom of Information.

Ms Bligh said the Government supported in full or part 139 of the 141 recommendations.

“We fully supported 116 of the recommendations, partially supported another 23 and only rejected two,” Ms Bligh said.

“Our response to the recommendations will form the basis of our new Right to Information legislation.

“Existing laws will be completely revamped.

“In many cases we have fully implemented Dr Solomon’s recommendations and gone even further – particularly in relation to Cabinet documents .

“For members of the public access to information will be easier and quicker.

“It will break down bureaucratic barriers and make us the most open and accountable Government in Australia.”

Ms Bligh said among the raft of reforms waiting times for the complete release of Cabinet documents would be slashed from 30 years to 20 years – the lowest in the country.

“In addition, the Government will go further than the recommendations, removing the Cabinet exemption after 10 years so access to specific information will be available on application in line with the public interest test,” she said.

“This will include incoming ministerial briefs.

“I will also ensure Cabinet information is released proactively on a regular basis.”

Ms Bligh said another key change would be the removal of specific exemptions in relation to Government Owned Enterprises – primarily Government Owned Corporations (GOCs) and Local Government Owned Corporations (LGOCs).

“GOCs are an arm of government and given Ministers are ultimately accountable for their activities we agree they should not be completely exempt from FOI,” she said.

“I think the option we have come up with strikes a good balance.

“The current documents-based exclusion will be repealed. However, we will still retain limited exemptions in relation to those GOCs engaged in commercially competitive activities.

“This is consistent with the approach in other states and territories, where government business enterprises who operate in competitive environments are exempt from FOI.

Other changes will include:

• Slashing the maximum period for supplying documents for application from 45 calendar days to 25 working days (unless permission is sought from the applicant for an extension) and refunding fees if the deadline is not met;

• Development of separate, complementary Privacy Bill that will deal with access and amendment rights for personal information;

• Appointment of a Privacy Commissioner;

Ms Bligh also revealed that the Government would support the recommendation to adopt a new charging structure.

“We agree there should be a more structured approach to charges for access to documents,” she said.

“However we do not necessarily agree that this should be based on the number of pages rather than an estimate of the time taken to conduct searches and process the application.

“Our estimates show the proposed model could actually lead to increased charges and I certainly will not support that.”

Ms Bligh said the two recommendations not supported were the imposition of new fees by the Information Commissioner and repealing of certain secrecy provisions.

“Parts of the Act that were suggested be repealed protect items such as the confidentiality of the witness protection program, adoption information, child protection notifications and personal tax information,” Ms Bligh said.

“We believe there is a compelling public interest in protecting this information from public disclosure in all circumstances.”

Ms Bligh said draft Right to Information and Privacy Bills would be released for public consultation by December.

She said the legislation would be up and running by mid 2009.

“This is massive reform that will require significant administrative and cultural change,” Ms Bligh said.

“It will require investment of time and resources but the benefit will a more open and accountable system of government in our State.”

20 August, 2008

http://www.thepremier.qld.gov.au