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committee's Report

The committee tabled its report on 20 December 2001.

View:   Report No. 32, 50th Parliament – Freedom of Information in Queensland
View:   Interim Government Response
View:   Government Response

Overview

On 11 March 1999 the Legislative Assembly made the following referral to the Committee of the 49th Parliament:

That, having regard to:

(a)        the basic purposes of, and benefits intended to be conferred by the provisions of the Freedom of Information Act 1992, (the FOI Act) as identified in:

                             i.         the Electoral and Administrative Review [Commission] report on freedom of information;
                           ii.         the report of the Parliamentary Committee for Electoral and Administrative Review on Freedom of Information for Queensland; and
                         iii.         sections 4, 5 and 6 of Part 1 Division 2 of the FOI Act;

(b)        the principles and provisions of the various Commonwealth, State and Territory Freedom of Information Acts;

(c)         the philosophical and political foundations of the concept of freedom of information as identified in the report of the Senate Standing Committee on Constitutional and Legal Affairs on Freedom of Information (1979); and

(d)        current and emerging technology for information management and maintenance.

The following matters be referred to the Legal, Constitutional and Administrative Review Committee for inquiry and report:

A.    Whether the basic purposes and principles of the freedom of information legislation in Queensland as set out above have been satisfied, and whether they now require modification.

B.    Whether the FOI Act should be amended, and in particular:

i.              whether the objects clauses should be amended;
ii.            whether, and to what extent, the exemption provisions in Part 3 Division 2 should be amended;
iii.          whether the ambit of the application of the Act, both generally and by operation of section 11 and section 11A, should be narrowed or extended;
iv.          whether the FOI Act allows appropriate access to information in electronic and non-paper formats;
v.            whether the mechanisms set out in the Act for internal and external review are effective, and in particular, whether the method of review and decision by the Information Commissioner is excessively legalistic and time-consuming;
vi.          the appropriateness of, and the need for, the existing regime of fees and charges in respect of both access to documents and internal and external review;
vii.        whether amendments should be made to minimise the resource implications for agencies subject to the FOI Act in order to protect the public interest in proper and efficient government administration, and in particular:

• whether section 28 provides an appropriate balance between the interests of applicants and agencies;
• whether data collection and reporting requirements, which inform the parliamentary and public understanding of how well the FOI Act is operating in Queensland, exceed what is necessary to achieve their legislative purpose;
• whether time limits are appropriate.

viii.      whether amendments should be made to either section 42(1) or section 44(1) of the Act to exempt from disclosure information concerning the identity or other personal details of a person (other than the applicant) unless its disclosure would be in the public interest having regard to the use(s) likely to be made of the information;

ix.          whether amendments should be made to the Act to allow disclosure of material on conditions in the public interest (for example, to a legal representative who is prohibited from disclosing it to the applicant);

C.    Any related matter.

The Committee of the 49th Parliament ceased upon the dissolution of the House in January 2001. That Committee had undertaken significant inquiries relating to the matter but had not reported by the time the Parliament was prorogued.

On 15 May 2001, the Committee of the 50th Parliament resolved to finalise the review of the FOI Act on the same terms of reference given to the former Committee, and utilising the submissions and material gathered by that Committee.

timeline

Public Hearing:   11 May 2000 - Transcript
Public Hearing:   12 May 2000 - Transcript