Issue No 57
 

The Ballad of Frank and Candour: Trying to Shake the Secrecy Blues from the Heart of Government

Rick Snell

The article centres around the " frankness and candour " argument that agency officals may use against the release of internal working documents under FOIA. It is argued that while the decision in Re Eccleston effectively outlaws non-disclosure of information on the sole operation of frankness and candor, the practical realities of agency decision making may not be reflecting the full effects of the decision. Indeed, the author presents a detailed discussion, arguing that recent experience in Tasmaina lends suggestion that the frank and candour argument may have a greater durability than many would have anticipated. Through a case study examination the author reveals various instances in which the argument has been used to deny the release of internal working documents. The author concludes that the persistence of such an argument as a tool for disclosure needs to be remedied as it threatens FOI's accountability function.
 

Western Australia: A Brief look at the First 18 Months

Helen Sheridan

This article outlines the role and functions of the Western Australia FOI Information Commissioner, since the establishment of the institutional model 18 months previously. The functions mentioned include the threefold role of the Commissioner- 1) dealing with complaints about agency decisions, 2) public educator and 3) the making of recomendations to Parliament concerning further achieving objects of the Act. Other activities performed by the Information Commissioner during 1993/1994 are discussed such as the1993-94 Annual Report, production of regular FOI Bulletins and the establishment of agency training arrangements. Some recurring problems identified in the Annual Reprort are highlighted, and the Information Commissioners' proposals for the future of FOI in Western Australia outlined.

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