The ACT Legislative Assembly has recommended a boost in resources for the ACT Ombudsman ahead of any changes to the Territory’s Freedom of Information (FOI) laws.
Releasing its report on two FOI amendment bills, the Standing Committee on Justice and Community Safety said proposed amendments to the Freedom of Information Act 2016 would see the deadline for processing FOI applications extended from 20 working days to 30.
In its report, the Committed recommended that Government demonstrate why this extension was needed.
It made eight recommendations on the Freedom of Information Amendment Bill 2022 and Freedom of Information Amendment Bill 2022 [No 2], including the second Bill not be passed.
Bill No 2 proposes various amendments to applying the FOI Act to cabinet records, including a disclosure provision to publicly release records within 30 business days after being considered by Cabinet.
The Committee said the Freedom of Information Amendment Bill 2022 contained changes to allow an applicant’s identity, circumstances and reason for seeking access to the information to be taken into account in when deciding whether information was contrary to the public interest to disclose.
It said given the possible risks to the public interest test, there was benefit in developing guidelines.
“The Committee recommends that ACT Government and ACT Ombudsman work to produce guidance material on the public interest test in the Freedom of Information Amendment Bill 2022 for decision-makers, and that the explanatory statement references that guidelines will be developed to guide decision makers,” the Standing Committee said.
“The Committee recommends that the ACT Government ensure the ACT Ombudsman is sufficiently resourced to manage any resulting increase in workload prior to commencement.”
The Standing Committee’s 17-page Inquiry into the Freedom of Information Amendment Bills 2022 report can be accessed at this PS News link.
