FoI and the Constitution

Paul Chadwick

In stressing the critical need for information flow in a representative democracy, the author draws a distinction between the comparatively sucessful micro FoI (requests for personal information), and macro FoI (the legislation's accountability and participation objectives) which has largely failed due to the ability of governments to 'blunt by amendment or administrative means the sharper edges of FoI'. The author argues that for FoI to achieve its macro aims, a public right not to have government information unreasonably witheld needs to be constitutionally entrenched. Such a proposed FoI amendment to the Constitution was rejected by the Constitutional Commitee in 1988 on the grounds that it would require the courts to adjudicate over acess to government information on a case by case basis. In calling for the amendment, the author states that the Commissions reluctance to endorse the amendment is misplaced given its confidence in the court's ability to interpret the recommended freedom of exprssion amendment and the courts conservative interpretation of FoI legislation in general.
 

Interim results of a Study of the impact of the NSW FOI Act

Margaret Allars

The author, through the collection of empirical quantitative and qualitative information about the operation of the FOI Act 1989 (NSW) sought to determine whether the FOI Act had improved administrative decision making in NSW ( a view expressed by the FOI Unit established within in the Premier's Department when it presented its FOI Annual Report of 1989-1990). The questionnaire designed, sought to obtain information about the impact of the Act to agencies on such issues as record keeping practices, attitudinal change, simplification, co-ordination and changes in substantive policy and the frank and candour in decision making processes. As a follow up to the questionnaire, some FOI coordinators participated in interviews. The article confines the survey results to those questions concerning the degree of openness or closedness of the agency, whether the general impact of the FOI Act was favourable or negative and the perception of the Government's commitment to the FOI Act in 1989 and later. A user survey is also included which aimed to obtain the perceptions of recent users as to the practical operation of the Act.
 
 

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