The Politics of FOI and the Threat to Tasmania's Open Government

Susan Clennett and Natasha Apandy

1994 (Tas) 4 AAL

This comprehensive paper examines the FOI Act in the context of the political arena. Specifically, the author's argue that the recent amendments to the Act are seeking to curtail access to information for members of parliament. The current use of the Act by Tasmanian Opposition parties was explored through the use of empirical research. An evaluation of the Government's approach to FOI is discussed, with the author's proposing that the Government's response is attempting to render the Act powerless through the employment of administrative devices which undermine the spirit of the legislation and legislative amendments which it is claimed will water down the Act. In conclusion it is submitted that the absolute number of requests made by user groups such as politicians or lawyers should not be interpreted by the Government as excessive use or abuse of the Act. Rather it is the under utilisation of the Act by the public which is of concern, so that if the integrity of the principles of FOI are to be preserved, groups such as the media need to be vigilant in their defence of the Act.