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THE NSW Ombudsman has called for a rewrite of the state’s 20-year-old Freedom of Information Act, describing its application by a secretive government as appalling.
Speaking at the release of Opening Up Government, the first major review of the legislation, Ombudsman Bruce Barbour said his office had initiated the report as a result of mounting frustration over the failure to reform the troubled system.
Mr Barbour called for a new Open Government Information Act and the creation of an information commissioner within the Ombudsman’s Office. He said the state’s FOI legislation was out of date.
“Since the FOI Act commenced in 1989 … government has changed, community expectations have changed and information has changed,” he said. “The FOI Act has failed to keep pace with any of these changes.
“There needs to be a significant cultural change within government. The days of Sir Humphrey and overly secretive government are well and truly over. The public has both a right and a reasonable expectation to be able to easily access information about how its government is operating.”
The Australian revealed yesterday that delays in processing FOI applications had ballooned under the Rudd Government, despite election promises to reduce government secrecy. Mr Barbour said the federal Government appeared to have lost its momentum for reform. If his recommendations were adopted, NSW would have the most progressive FOI legislation in Australia and could provide a model for other jurisdictions.
“The current FOI regime is not working well and is frustrating for both users and administrators,” Mr Barbour said. “We need a simpler system and a significant cultural change from within government in its attitude to information disclosure.”
As part of the review, the NSW Ombudsman investigated the FOI practices of 18 agencies, including the NSW departments of Planning and Corrective Services, auditing their files and interviewing 70 of their staff who dealt with FOI applications.
The Opening Up Government report makes 88 recommendations, including ensuring transparency be considered a core government function and agencies establish publication schemes and disclosure logs to ensure information is readily available.
Right To Know — a coalition of 12 major media organisations, including News Limited, publisher of The Australian, formed in 2007 to address increasing government secrecy — released a statement of support.
“For too long the people of NSW have been deprived of certain information about how their Government is working and how their money is being spent, that they have a right to know,” the statement read.
“As the Ombudsman clearly recognises, it would benefit all Australians if the culture of government changes so that information is released proactively, rather than having to be prised out using unworkable FOI laws.”
Premier Nathan Rees praised the Ombudsman for the provision of a reform road map, saying he would introduce an Open Government Information Act in the next session of parliament.
Opposition Leader Barry O’Farrell said NSW had the worst record of any jurisdiction in Australia, with almost 50 per cent of requests either partially or fully denied, adding reforms must be instituted as a matter of urgency.
Credit: John Stapleton