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Issue No 55

The Ombudsman strikes back: A special report as the NSW Ombudsman exits the scene

Rick Snell

Summarises the report Freedom of Information: The Way Ahead released by the NSW Ombudsman, which suggests avenues for reform to the NSW FOI Act. A summary of the following suggested amendments is included ; Joint Parliamentary Committee on Freedom of Information, Objects of the NSW FOI Act, Adoption of the Information Commissioner Model, Delays in Determining applications, Public Interests tests, Internal working documents, Fees and charges.
 

Journey from the Comfort Zone: a few steps toward open government

Rick Snell

The author starts with the proposition that given the democratic objectives of the FOI Act, and in view of a number of incidents (recent proposed changes to the Tasmanian FOI Act, examination of the annual FOI State and Commonwealth reports) reforms (both administrative and legislative) are required in each FOI jurisdiction to ensure that open and accountable government is maintained. Such reforms include the evaluation of FOI in terms of non-personal rather than personal information, presumptions in favour of the disclosure of information, increasing external scrutiny through the establishment of an independent FOI Research Unit and an increased standard of statement of reasons given for decisions.
 

FOI in NSW: Wrong Way go Back

Bruce Smith

The author criticises the reform suggestions to the NSW FOI Act put forward by the NSW Ombudsman in FOI- The Way Ahead. The article suggests additional areas for reform by amendment to the Act, such as viewing FOI as a right, FOI in relation to court records and law enforcement, FOI keeping pace with technology and the establishment of an Administrative Appeals Tribunal for NSW.

 
 

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