The Use of the Freedom of Information Act in the Legal Profession ' Torchlight but not a searchlight '.

A.W. Reid

1994 (Tas) 3 AAL

The paper attempts to ascertain the use of the FOI Act by the legal profession. A study was conducted of legal personnel, primarily in Tasmania, but also to a lesser extent in Victoria and the USA by telephone and personal interview. It was revealed that the use of the Act by the legal profession was not as widespread as one would have thought. It appeared that the practical use of the Act is largely governed by the type of practice or firm and the type of work undertaken. Major areas in which the FOI Act was found to be of practical benefit included Police Prosecution Briefs, Accident/Investigation Reports, Personal Injury, Administrative Action and Government Related Causes. Perceived problems by the legal profession of the practical workings of the Act included knowledge, exemptions, time periods and costs. The author suggests that in order to promote better understanding of the Act's workings and potential the Government must contribute to greater exposure, publicity and funding. In addition, the legal profession need to take it upon themselves to seek and take up responsibilities made available to them by the existence of the Act.