Robert Oakeshott (Lyne, Independent) Share this | Hansard source

I will be brief and just take the opportunity to put on the record my views with regard to open government and FOI legislation. Before I do, can I say to the previous speaker, the member for Banks, that that was one of the more considered contributions that I have heard in this place in the last 12 months. If there were to be a book written—and oh, what a bestseller it would be—on speeches in this parliament, I would certainly hope that speech would be in there. It was a considered contribution on where freedom of information legislation is today, and I think it shows 20 years of experience in this place and as much kicked the executive as supported it. For that, the member for Banks should be congratulated.

My view on FOI reform and open government is that it is important—that government is stronger if it adopts such principles. Whilst, as I mentioned previously, it is important to strike a balance, the devolving of information into the public arena is a sign of strength, not weakness. It is a sign of good government, not bad. While I certainly take this opportunity to endorse this Freedom of Information (Removal of Conclusive Certificates and Other Measures) Bill 2008 [2009], I would also say that it is only a baby step in the reform process. This has been floating around since 1996 and the ALRC open government reports. We have seen private members bills put up by Democrats senators such as Andrew Murray. We have seen various prime ministers and ministers talk about the importance of open, transparent government and FOI reform. I hope this is not just simply the latest chapter of talking the talk—that what we are seeing is the walking of the walk. So, while I pat the government and the executive on the back for this bill, I would hope they recognise that this is a minor step towards the necessary major reform needed in FOI legislation.

Removing these conclusive certificates is a sensible and long-overdue step in providing better and stronger access to government. I do highlight the fact, though, that we have some great challenges ahead of us. These challenges were first identified in the 1996 Australian Law Reform Commission report, and we are still waiting for a government to bite the bullet and address them in full. It should be of concern to everyone that we are seeing a decrease in FOI applications. The 2007-08 FOI annual report showed requests as being down 71 per cent, down from 81 per cent the previous year, whilst the proportion of requests taking longer than three months has doubled. So there are flaws in the process. I know from various constituents on the mid-north coast of New South Wales that there is an enormous baulking from the general community in regard to the expense of FOI applications. I would hope that government addresses that and addresses it soon. If this is genuinely about the general public getting access to government, this expense needs to be addressed as it is one of the broader community’s huge concerns.

From my point of view, I see the current system as being a tool of opposition. They seem to be able to afford the FOI process and know it better than the general community. The question is therefore whether it is really an exercise of open and transparent government or whether it is just a tool with which the opposition can whack the government over the head—regardless of who is in opposition and who is in government. I hope that we can be serious and build a better system, one that is affordable to and manageable by the general population. At the moment we do not have an easy process that is able to be worked through by the person off the street.

So I certainly hope that what we are seeing here tonight is one step of many in regard to FOI reform. This has been around for a long time. When a side in this place takes over the government benches it is easy to drop the ball on some of these issues which can be difficult for executive, and government generally, to manage. I hope that the government can build a system that creates greater transparency and openness. I hope that the language we have heard from this government over the last 12 months and election commitments that were made leading into the 2007 election will stick. I hope that this government does not forget what it is like not to be in government. As good as this bill is, I hope that we see a commitment to FOI reform on a broader scale. So I certainly support this, but I take the opportunity to urge the government forward on more general FOI reform.

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