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Freedom of information in the Australian Capital Territory
Anne Marks
The Freedom of Information Act 1989 has been in force in the Australian
Capital Territory since 11 May 1989. This article explores the substance
of the Act, including discussion on provisions relating to access, exemptions,
personal information, review mechanisms, as well as the practical operation
of the Act. In conclusion the author states that given the Act has been
in operation for 4 years, with only two minor amendments the time is ripe
for an evaluation of its operation by the ACT Government.
Obviously four unbelievers: Adequacy of searches under FoI, an act of faith ?
Rick Snell
One of the biggest problems currently facing the successful operation
of FoI legislation involves the adequacy of information searches performed
under the Act. Clearly, the integrity of FoI legislation is compromised
if applicants harbour reservations as to whether agencies have conducted
adequate searches for information. This article intends to persuade FoI
officers that applicants need to be assured that a search for information
was reasonably adequate, and that many applicants have a justifiable basis
to their belief. Specific request histories are discussed and case law
is also drawn upon. Suggestions for improvement are offered including statement
of reasons requirements, and USA examples.