Numbers of Freedom of information reviews sought doubles in South Australia

A new report lays bare the increasing number of times South Australians are not happy with freedom of information releases.

South Australian Ombudsman Wayne Lines. Picture: Tait Schmaal

Reviews of freedom of information requests are taking more than six months to complete, twice as long as last year, because the state’s transparency watchdog is dealing with twice as many complaints.

Meanwhile, new laws promising to improve transparency have stalled until next year and have come under heavy scrutiny by the State Opposition, which have proposed 60 changes to the proposed legislation.

In his latest Annual Report tabled in State Parliament, South Australian Ombudsman Wayne Lines has again raised concerns about cumbersome freedom of information laws.

South Australians that have submitted freedom of information requests to government department and agencies, councils and universities can seek a review if their request is refused for what they believe to be inappropriate reasons.

Mr Lines said 2019-20 saw the highest number of applications for external review received by his Office since his appointment in 2014.

“I received 273 external review requests and completed 278,” he said.

“This is the highest number of external reviews received and completed by my Office in any single year since my appointment in 2014.

“The number is more than double that of two years ago and has placed significant pressure on our human resources.”

Mr Lines said the average time to complete an external review during the year increased from 86 days (approximately three months) in 2018-19 to 194 days (more than six months) this year.

Facing the Crime and Public Integrity Policy Committee on Thursday afternoon, Mr Lines singled out SA’s Local Health Networks as the main offenders for slow FOI services.

“Some of that they put down to resources being diverted to respond to the pandemic, but there were issues before the state of emergency was declared,” he told the committee.

Mr Lines said leaders of Local Health Networks had a “lack of acknowledgment” of the importance of maintaining prompt FOI services.

A State Government spokeswoman said Mr Lines’ report does not attribute the increasing number of external reviews to a particular reason, but suggested proposed new laws should address the issue as well as strengthening transparency in government.

“One contributor the Ombudsman has previously attributed to the high volume of external review applications is the number of ‘deemed refusals’ by agencies not assessing applications within 30 days,” she said.

“This is despite a reported increase in total resources devoted by agencies to undertaking this work.”

Opposition Legal Affairs spokesman Kyam Maher. Picture: AAP Image/Kelly Barnes

Opposition Legal Affairs spokesman Kyam Maher said the State Government has an appalling record on Freedom Of Information and transparency highlighted by the doubling in the time it takes to complete external reviews.

“Even worse, the government’s Freedom Of Information Bill will significantly weaken the system,” he said.

“Their Bill ignores proposals from the Ombudsman, media and Opposition that would make more information available and give greater powers to the Ombudsman.

“Under this government, even when external reviews are completed by the Ombudsman, agencies and Ministers have ignored decisions of the Ombudsman for months by refusing to release documents.”