A Comparative Review of External Review Systems used in Australian Freedom of Information Legislation with a View to Finding an Improved System for NSW

Tim Castle

1994 (Wol) 5 AAL

The paper reviews a number of external review systems of FOI decisions operating in Australian jurisdictions, with a view to determining the most effective for use in NSW. Three primary options are considered. The first involves giving the Ombudsman exclusive and wide powers (and resources) to conduct all external review of FOI decisions, while the second proposes an establishment of an FOI Commissioner to administer the whole Act including external review (as in Queensland and Western Australia). The third involves the establishment of a NSW Administrative Appeals Tribunal which would conduct external reviews of all Administrative law decisions including FOI (as in Victoria and the Commonwealth).It is concluded that an Information Commissioner would greatly improve NSW FOI law for a number of reasons. These are discussed and such include accessibility, cost and reduced delay because the processes would be undertaken by a non judicial body which is solely devoted to FOI review .