Delayed FOI requests undermine democracy

Underfunding of the Office of the Australian Information Commissioner slows release of documents.

The Freedom of Information Act is meant to promote informed ­debate and civic engagement by providing greater transparency of government affairs.

It is designed to facilitate the ­release of information — defined as a “national resource” under the act — to citizens, journalists, ­lobbyists, companies and anyone else whose rights have been recognised by parliament.

The Coalition government sought, unsuccessfully, to abolish the Freedom of Information ­review and oversight agency, the Office of the Australian Information Commissioner, and has underfunded its work.

Now if a government agency or minister refuses to release documents under FOI, and their ­decision is appealed, it will take the OAIC more than a year just to ­assign a case officer.

This is undermining FOI and Your Right To Know.

Religion

What has been discussed by Scott Morrison and religious leaders since the election?

The Australian has used FOI to obtain such correspondence before, particularly in the wake of an election victory. For example, in 2008, then cardinal George Pell thanked Kevin Rudd for intervening in a Labor Party policy debate over the possible introduction of a charter of rights and asked that the concept not be further considered.

During the past election campaign, the Prime Minister invited the media into his Pentecostal church in Sydney, but his office and department refuse to acknowledge an FOI request for correspondence between the Prime Minister and various religious leaders, including those of his own church.

The Australian has sought a review by the Information Commissioner, taking the failure to respond to the FOI request, let alone meet the statutory time­frames, as a deemed refusal.

Meanwhile, officials from Mr Morrison’s office continue to obfuscate on the question of whether the Prime Minister wanted Hillsong pastor Brian Houston invited to a dinner hosted by Donald Trump at the White House.

Home Affairs

What’s going on in the Department of Home Affairs? The secretive department receives more FOI requests than any other agency but a quarter of them aren’t processed on time. Other agencies that receive a large number of FOI requests still manage to process them on time, and apparently have the ministerial support and funding to do so. It is not clear why Home ­Affairs is different.

Earlier this year, The Australian made a formal complaint to the Information Commissioner about the department’s routine delays, citing five overdue FOI requests. Before the Information Commissioner reviewed the deemed refusals, the department decided the requests, however the complaint still stands.

One of the requests related to an issue The Australian had previously asked questions about, outside of FOI, only for the ­answers to be given to another newspaper. Departments and ministers still have discretion around what and when they will disclose — and to whom.