On 13 May 2010 the Senate passed two bills relating to the
Freedom of Information Act 1982 (FOI
Act).
The first, the Freedom of Information Amendment (Reform)
Bill 2010 (FOI Bill) introduces a suite of
substantial changes to the law relating to freedom of information,
most notably the introduction of a new public interest test for
disclosure.
The second, the Australian Information Commissioner Bill
2010 establishes the office of the Australian Information
Commissioner and the FOI Commissioner (among other things).
Importantly, the FOI Bill gives the Australian Information
Commissioner and the FOI Commissioner the power to conduct merits
reviews of FOI decisions.
The amendments contained in the FOI Bill will result in
fundamental changes to the way in which information is disclosed by
government bodies. Whether such disclosure will achieve the
government's goal of encouraging 'pro-active
publication' remains to be seen.
