'FOI: The Adequacy of Statements of Reasons in Tasmania.'

N. Apandy

1993 (Tas) 3 PPL

Section 22(1) of the FOI Act 1991 makes it mandatory to provide a written statement of notice and reasons for a decision to refuse access to information. This study aimed to assess the adequacy of statements of reasons prepared by nine Tasmanian agencies. The author argues that these agencies are representative of the majority of agencies in Tasmania. Although results fluctuated on an individual basis, and were not consistent over time, the overwhelming conclusion reached is that the standard of reasons statements is inadequate based on the recommendations and requirements contained in Attorney-General's Memorandum No. 26. There is thus a failure by agencies to comply with the statutory obligation to provide a statement of reasons, and to fulfil their obligation to the public to inform them of the real basis for a decision. The author suggests that problems have arisen in relation to individual agencies' understanding of the requirements of a statement of reasons. For example, where access to information has been denied based on an exemption, some agencies simply restated the terms of the exemption section, without providing reasons for invoking the section. In some cases agencies failed to understand or apply exemptions correctly, leading to problems in the statement of reasons. The inadequacy of reasons statements suggests that agencies also fail in their responsibility to engage in careful, well-reasoned decision making.