Ten Years of Freedom of Information: What has it meant?

Matthew Ricketson

As the title suggests this paper discusses the effect that the FoI Act has had on the running of government over the ten years since its introduction. The paper focuses on the effect that the FoI Act has had on the Victorian police force, and whether the effect on the police is representative of the impact of FoI.  It is argued that politicians have a habit of championing open government from the opposition benches but spurning it in government. The history and purpose of FoI is discussed briefly. It is suggested that the more public servants have to do with FoI the more co-operative they have become.
 
 
 

Using freedom of information to avoid trial by ambush in criminal matters: FoI and discovery in Tasmania since Sobh

Deanne Castellino, Rachael Murdoch

This article addresses the impact that the decision in Sobh v Police Force of Victoria [1994] 1 VR 1 has had in Tasmania. This case had been followed by the Tasmanian Ombudsman in a number of instances to allow the use of FOI to access information in Police prosecution briefs. The paper discusses the various provisions relevant to the police in the release of information, with particular reference to s28 of the Tasmanian FoI Act. The article submits that this decision is a favourable development in that it overcomes trial by ambush in the lower courts.  It is argued that as a matter of fairness, the accused should always have a right to know what was said about him or her prior to trial. It is also stated that the public has  an interest in allowing an accused the right to defend himself or herself against such claims.  It is suggested that following the subsequent decisions, the Tasmanian Police Force should alter its current procedures to make such information available as a matter of standard practice.
 
 

Searching for an answer? The issue of 'sufficiency of freedom of information searches' in the light of some recent 1994 decisions

Simon Hollingsworth

It has been suggested by Rick Snell that the integrity of FoI is compromised if applicants harbour reservations as to whether agencies have conducted adequate searches for information.  The purpose of this article is to discuss the current position as regards sufficiency of FoI searches in the light of a number of recent cases.  It is suggested that there will always be people who are dissatisfied with the search procedures that an agency has followed and who will insist on taking the matter to an external review, however,  recent cases have added weight to the fact that  increased reporting of search procedures is needed.

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