FOI Review Issue No. 61
 

Open Government: A Slow Train Coming

Rick Snell

This article explores the author's initial reactions to the Australian Law Reform Commission/ Administrative Review Council report on Freedom of Information. It is stated that the reforms if implemented, will take Australia a long way towards the ideal of open government. Key recommendations made by the report are discussed, which include the proposed FOI Commissioner, the recognition that agency culture still plays a key role in the efficacy of FOI, the quality of agencies' statements of reasons, alterations to the exemptions provisions, and significant changes proposed to the fees and charges associated with FOI requests.
 

Compelling Public Interest vs Public Curiosity

Ian Caldwell

In May 1994, the author requested information about the establishment of the first gambling casino in Ontario. The Ontario Casino Corporation did not release any records in response to this request, and as all the exemptions being sought by the institution were applied, left the issue of compelling public interest. This article thus outlines the concept of "compelling public interest" in Canadian legislation, while also drawing upon considerable Australian case law precedent provided to the author by the Tasmanian Freedom of Information Unit. The final decision of the Ontario Information and Privacy Commission inquiry officer was that even if the public interest did exist, it was not so compelling as to outweigh the purpose of the exemptions. Nevertheless, the relative ease at which communications between Canada and Australia took place via the Internet email system serve to demonstrate to others the value of such a tool in making contacts and seeking information about freedom of information legislation.
 
 
 

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