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Open Government Reform

Open Government Reform. Dept of EWHA 25 October 2010. Open Government Reform Package. Legislative reform FOI (Removal of Conclusive Certificates) Act 2009; FOI Amendment (Reform) Act 2010; Australian Information Commissioner Act 2010 Policy reform

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Open Government Reform

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  1. Open Government Reform Dept of EWHA 25 October 2010

  2. Open Government Reform Package • Legislative reform • FOI (Removal of Conclusive Certificates) Act 2009; FOI Amendment (Reform) Act 2010; Australian Information Commissioner Act 2010 • Policy reform • Gov 2.0 Taskforce report; Blueprint for Reform of Australian Government Administration; Declaration of Open Government • Themes: pro-disclosure culture through web publication of public sector information (PSI); citizens engaged online; re-use of PSI permitted by open licensing

  3. Key FOI changes Key FOI changes • FOI, privacy and information management policy integrated in a single scheme and a new office (OAIC) • OAIC given comprehensive functions and powers complaint investigation; merit review; promoting open government; publishing guidelines; training and advice; monitoring; legislative review; advice to government • FOI application process improved email applications; no application fee and reduced charges; OAIC approval for extending 30 day timeframe; OAIC vexatious application declaration power; internal review optional

  4. Key FOI changes • FOI exemptions re-defined and narrowed • Cabinet exemption narrowed – ‘dominant purpose’ test • Some exemptions re-cast as ‘conditional exemptions’, subject to overriding public interest test • Act specifies factors favouring access and irrelevant factors • FOI Act extended from 1 Nov to contracted service providers, as to records of services provided to public • Archival open access period reduced from 30 to 20 years between 2011-2020

  5. Key FOI changes • New FOI objects clause • ‘information held by Government is to be managed for public purposes, and is a national resource’ • ‘increase public participation in Government processes, with a view to promoting better informed decision making’ • ‘increase scrutiny, discussion, comment and review of the Government’s activities’

  6. Other FOI changes from 1 May 2011 • New Information Publication Scheme • Mandatory publication requirements expanded – eg, agencies must publish an Information Publication Plan and ‘operational information’ • Agencies encouraged to publish additional information • Information to be published on web • ‘Disclosure log’ • Agencies and ministers to publish details of information disclosed following an FOI request, within 10 days of disclosure

  7. Key messages for agencies • The Government expects cultural change - ‘we need to switch the mindset in the public service from information control to information sharing’ (Senator Ludwig) • The reforms could impose an extra work on agencies • Increase in FOI requests, especially for policy material • Web publication of more information under the IPS

  8. Key messages for agencies • Possible pressure points • Moving information from the intranet to the web • Dealing with FOI test case requests, that aim to test the secrecy/disclosure boundary • Adequacy of agency record keeping – pressure to move to electronic records management • Ministerial interest in individual disclosure decisions of agencies • Media disquiet at disclosure log mechanism

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