How Free Should Information Be? NSW Freedom Of Information Reforms Released For Comment

New South Wales is moving ahead with reforming its freedom of information laws with the release of consultation drafts of the Open Government Information Bill 2009 and Information Commissioner Bill 2009.

The NSW reforms have many similarities to the Commonwealth reforms (which we looked at here) in that they attempt to create a pro-disclosure regime, and create an Information Commissioner to act as a champion for the Act.

The main effect of the package is to put more responsibility on departments and agencies to proactively review and release information. For example, the fact that a document contains matter protected by legal professional privilege can be a reason not to disclose the document. Under the proposed reforms, the agency will be required to consider whether it should assert the privilege or waive it.