Key Point

  • Conclusive certificates will be abolished as a first step in 2008, and further reforms will be enacted in 2009.

The next year will be an eventful one in FOI reform. As promised in its Information Policy last year, in its move to encourage a pro-disclosure environment within Government, the Rudd Government will abolish conclusive certificates as the first step in a process of reforming the Commonwealth Freedom of Information Act (we looked at the Policy here).

Making the announcement on Tuesday, the Special Minister of State Senator John Faulkner said that "abolishing conclusive certificates is a major step towards restoring trust and integrity in the handling of government information as all decisions refusing access to documents by FOI decision-makers will now be subject to full independent merits review by the Administrative Appeals Tribunal."

The Government plans to introduce legislation abolishing conclusive certificates in the next parliamentary session which begins 26 August. Existing certificates will be revoked if and when new applications are made for those documents which have been the subject of those certificates. The reform will not affect the ability to claim exemptions under the FOI Act where it is legitimate to do so and full merits review of claimed exemptions will be available.

The second stage of FOI reforms will also begin this year with the release of an exposure draft bill for public comment. Senator Faulkner declined to speculate on what matters the Government might or might not pick up in the second stage, but noted that it would address fees for access, and create a new FOI Commissioner, who will be responsible for oversight of FOI across the Commonwealth. That role will also drive the creation of a culture of greater transparency and openness.

It is reasonable to assume that the exposure draft bill will also embody other commitments included in last year's Information Policy revealed ahead of the 2007 Federal election. Senator Faulkner has also indicated that the recommendations of Queensland's Solomon Report will also be looked at closely in the development of the exposure draft bill.

As a result of the reform process, the Attorney-General will ask the ALRC not to proceed with its planned review of the FOI Act, in relation to which it was due to report in December 2008. Once the Government has enacted both stages of its FOI reforms, the ALRC will then review the amended Act.

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