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FOI Reform

Our Government holds a vast stockpile of information generated with public money that should be available for the public good and to hold our representatives to account. But the right to access government-held information is being increasingly eroded by a culture of secrecy in government in NSW.

The Greens believe that information is essential for transparent and accountable government.

The foundation of a robust democracy is that people have enough information to meaningfully participate in decision-making. We need this information to know how our elected representatives are exercising their power and to hold our representatives to account.

The Government holds vast stockpiles of valuable information such as research, statistical data, maps of natural resources and surveys of health, education and environmental standards.

The Government does not own this information - it is not a gift that government departments can bestow upon an awaiting public at their discretion. Government information is an important public asset that is created and collected in the public interest and with public money. It should be accessible for all people and used and re-used for the betterment of society.

For many years, over a decade, the NSW Labor government refused calls to review and amend NSW's ancient FOI Act which provided mechanism for people to apply for the release of government-held information. The FOI Act was outdated, laden with loopholes and vulnerable to an increasing culture of secrecy within this Government. Government departments were using and misusing exemption clauses to deny access to information. Requests for information was costly, lengthy and adversarial.

FOI applications had almost doubled in the last decade, but less information is being released. The percentage of applications where all documents are released had dramatically decreased from 81% in 1995 / 1996 to only 63% in 2004 / 2005.

Lee moved a Private Members Bill in Parliament, the Freedom of Information (Improving Access to Public Information) Bill 2006, which called for a comprehensive and independent review of the FOI Act. Read Lee's second reading speech to find out more. This Bill was passed in the Legislative Council on 19 October.

In 2008 the NSW Ombudsman, also frustrated at government inaction, initiated his own review. This led to a comprehensive report, tabled in 2009, which the government then adopted as the basis of NSW's new freedom of information laws.

The Government Information (Public Access) Act 2009 will replace the old laws but the act is yet to become law. The government said it would proclaim the laws in early 2010, but this still hasn't happened.  The Office of the Information Commissioner is being established to implement the changes and oversee the laws, but a full time commissioner is yet to be appointed. Responsibility for the new regime has been handed from the Premier to the Attorney General. This is viewed as a downgrade. See here for a summary of the new laws. 

Useful websites

Open and Shut - A great blog on FOI and privacy by Peter Timmins:
www.foi-privacy.blogspot.com 

Freedom of Information Clearinghouse, based in Washington:
www.citizen.org/litigation/free_info

UK Campaign for Freedom of Information:
www.cfoi.org.uk/opengov.html#labour

FOI advocates - A site to link and assist FOI campaigners around the world:
www.foiadvocates.net

Latest Media releases

News Item New FOI laws begin, Infrastructure Australia bids hidden by Alison Orme — last modified Jun 30, 2010 06:45 PM
Greens MP Lee Rhiannon has criticised the Keneally government for failing to comply with a vote of the NSW Upper House ordering the full release of submissions by the NSW Government for federal Infrastructure Australia funding, despite the Victorian government agreeing to release its in May and the state’s new freedom of information laws commencing tomorrow.
Page Radioactive materials used in war games by Lee Rhiannon — last modified Jun 23, 2010 02:08 PM
June 18, 2010 in Sydney Morning Herald. The federal government needs to justify why the defence force used radioactive material during training exercises in Sydney, NSW Greens MP Lee Rhiannon says.
Page Goverment ignores Street ruling and withholds Metro documents by Lee Rhiannon — last modified Jun 17, 2010 10:25 AM
Author: Gareth Narunsky 17 June 2010, City News News Article. Last month Sir Laurence Street recommended that it was in the public interest for the documents to be made available, but the State Government used its numbers last week to stop their release.
News Item Deloitte audit report on CBD Metro compensation: Greens secure release by Alison Orme — last modified May 20, 2010 03:57 PM
Greens MP and transport spokesperson Lee Rhiannon today won the support of MPs in the NSW Upper House for the release of an independent audit by Deloitte prepared for the government to help decide what compensation will be paid to companies affected by the failed CBD Metro project.
News Item Govt criticised for withholding CBD Metro documents by Alison Orme — last modified Jul 09, 2010 01:50 PM
Greens MP and transport spokesperson Lee Rhiannon has welcomed the report from former Chief Justice Sir Laurence Street that rejects the NSW government's claim that the bulk of the documents about the ill-fated CBD metro project are privileged and recommends they be released in the public interest.
News Item Ex-premiers get millions from public purse by susie — last modified Apr 30, 2010 01:47 PM
Commenting on the revelation that former NSW premiers have received millions of dollars of public money to cover their expenses Greens MP Lee Rhiannon has called on the Keneally government to set much stricter limits on the annual allowance available to former holders of high office.
News Item New FOI laws commence: Keneally should champion by susie — last modified Apr 29, 2010 03:39 PM
In welcoming news that NSW's new freedom of information laws will commence on July 1, Greens MP Lee Rhiannon said their success depends on Premier Kristina Keneally backing the new regime with resources to educate the public about the changes and directing state agencies to release more information to the public so as to reduce the need for FOI applications.
News Item New FOI laws for NSW delayed by susie — last modified Jul 09, 2010 01:55 PM
Greens MP Lee Rhiannon today criticised the failure of the NSW government for its delay in: commencing new freedom of information laws passed in June 2009, appointing a permanent Information Commissioner and educating the public about the new laws.
News Item Call for public release of department briefings on coal threat to Sydney's water supplies by susie — last modified Mar 31, 2010 09:37 PM
Greens MP and mining spokesperson Lee Rhiannon has called on Premier Kristina Kenneally to order all NSW government briefings on the expected damage to infrastructure supplying Sydney's water to be made public
News Item RTA keeps M4 East extension reports under wraps by alisono — last modified Oct 09, 2009 10:07 AM
Greens MP Lee Rhiannon today slammed the Minister for Roads and the RTA for refusing to release key reports relating to the contentious M4 East Extension project, despite the NSW Upper House voting for their release and some already been leaked to the media ('RTA refuses to release M4 papers', Sydney Morning Herald today).
News Item NSW Ombudsman asked to do more with less by pretaadmin — last modified Aug 26, 2009 03:24 PM
Greens MP and justice spokesperson Lee Rhiannon has called on the government to provide a significant funding boost to the NSW Ombudsman, following news the office plans to cut complaints handling to cope with a revenue crisis. She says without additional revenue the public will suffer because this key watchdog will be unable to properly expose how government agencies are performing (p. 7, Sydney Morning Herald today).
News Item Nano labelling failure raises sunscreen concerns by pretaadmin — last modified Jul 28, 2009 03:49 PM
The Greens have renewed their call for an immediate moratorium on the release of consumer products containing manufactured nano-materials until adequate regulation is in place and a NSW regulatory body is established to assess the health and environmental risks of this material, Greens MP Lee Rhiannon said today.
News Item Rees shields Parliament from new FOI laws by pretaadmin — last modified Jul 28, 2009 01:39 PM
Greens MP Lee Rhiannon says the government's new freedom of information laws, which passed through the NSW Upper House late last night, are tarnished by their failure to subject parliament to freedom of information requests as recommended by the NSW Ombudsman and seen in the UK, Ireland, Scotland, India and South Africa.
News Item New FOI laws pass: govt hides juvenile justice report by pretaadmin — last modified Jul 28, 2009 01:27 PM
Greens MP and justice spokesperson Lee Rhiannon today called on the Premier to immediately release the juvenile justice report that the government has marked 'cabinet-in-confidence' to avoid embarrassment.
News Item Greens to amend new FOI bill to include Parliament by pretaadmin — last modified Dec 10, 2009 10:59 AM
Greens MP Lee Rhiannon says she will move to amend new NSW freedom of information legislation when it is debated in parliament this week to ensure the laws do not exclude NSW Parliament, opening up MPs’ salaries and allowances to public scrutiny.
News Item Ombudsman criticises state of secrecy: time Govt backed Greens FOI Bill by pretaadmin — last modified Dec 10, 2009 12:03 PM
Greens MP Lee Rhiannon says Premier Morris Iemma could kick start a review of NSW's freedom of information laws, once again demanded by the NSW Ombudsman today, by supporting the Greens private members bill for a comprehensive review.
News Item Greens win review of NSW FOI bill by pretaadmin — last modified Dec 10, 2009 12:00 PM
The Greens private members bill calling for a comprehensive review of the NSW Freedom of Information Act was passed today in the Upper House.
News Item Police and tabouli: it's time for FOI reform by pretaadmin — last modified Dec 10, 2009 11:59 AM
Greens MP Lee Rhiannon says the refusal of NSW Police to release information about what police ate and where they bought it during the Cronulla riots highlights the jaundiced state of NSW FOI laws and why the government should support the Greens private members bill for a review of the laws.
News Item Greens launch bill for NSW FOI revamp by pretaadmin — last modified Dec 10, 2009 11:57 AM
Greens MP Lee Rhiannon will today launch a private member's bill that demands a comprehensive and independent review of the NSW Freedom of Information Act to boost public access to government-held information.
News Item 'Freedom of information' a misnomer in NSW by pretaadmin — last modified Dec 10, 2009 11:44 AM
Greens MP and justice spokesperson Lee Rhiannon said reports today showing a decline in the release of documents under Federal Freedom of Information laws replicate similar trends in NSW.
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