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Issue No 48
Freedom of Information- where to now ?
Madeline Campbell and John Eyers
Given the ever increasing trend towards privatisation, corporatisation
and private/public sector ventures in Australia, the authors explore what
such a move entails with respect to Freedom of Information legislation.
Issues explored include the following: 1)whether there is now an expectation
that FoI legislation be extended to the private sector (especially in regard
to personal information of the applicant), 2) if FoI were to be expanded,
what the reasons for doing so would be, 3) the effect of FoI on the public
sector, 4) whether the dichotomy between public and private institutions
is still justifiable as we move into the 21st century and 5) whether there
has been any recognition of the need to expand administrative law principles
(in particular FoI principles) to the private sector. The authors conclude
that the application of FoI to the public sector has had a positive on
the operations on government and that the public's right to know should
no longer be restrained by artificial distinctions as to the character
of the holder of information.