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Look to the Budget for the white flag or further warfare in the battle to abolish the OAIC

 In the absence of any statement beforehand, the Budget on Tuesday will next indicate whether the government intends to maintain the position that it wants to legislate the Office of Australian Information Commissioner out of existence.  The Freedom of Information Act Amendment (New Arrangements) Bill, before the Senate since October 2014 but not brought on for a vote is not among the bills reintroduced during the two days parliament met in April.  The bill still gets a mention on Page 31 of the Senate list of Bills in the lapsed due to prorogation of the last session category. As at COB on 19 July eight bills were introduced or reintroduced into the House of Representatives and 59 in the Senate. Most, introduced by Labor and The Greens should be on a wish list instead, given Budget week is the only sitting before the PM says we are off to the polls.  This includes Senator Ludwig's Private Member's Freedom of Information (Requests and Reasons) Bill , a bill oppos...

Bill to abolish OAIC: gone or like a phoenix, ready to rise again?

An entry in today's Senate Bills List - there are over 200 bills in th e 'lapsed' category as the new session of parliament kicks off but let's hope common sense, the co mmon good and the Prime Minister's endorsement of the goals of the Open Government Partnership mean this is the last we'll hear of this one: Freedom of Information Amendment (New Arrangements) Bill 2014 Amends the: Freedom of Information Act 1982 to provide for: the Administrative Appeals Tribunal to have sole jurisdiction for external merits review of freedom of information (FOI) decisions; the Attorney-General to be responsible for FOI guidelines, collection of FOI statistics and the annual report on the operation of the Act; and the Ombudsman to have sole responsibility for the investigation of FOI complaints; and Australian Human Rights Commission Act 1986 and Privacy Act 1988 to provide for an Australian Privacy Commissioner as an independent statutory officer holder within the Au...

Entitlements rebranded Work Expenses and more transparency, maybe

I haven't been through the report of the review An Independent Parliamentary Entitlements System but these seem to be the recommendations relevant to transparency and accountability. This is territory traversed in the past to some degree by the Auditor General and the Belcher committee. In those instances quite a few recommendations were ignored or conveniently disappeared through the cracks, but we live in hope....  ( Update: F r om Minister Cormann's Media R elease: The Government supports all the recommendations in principle and will now commence work on implementation. Implementation of a number of recommendations will involve further work by the Remuneration Tribunal, which the Government will ask the Tribunal to commence forthwith. Recommendation 24   Improving transparency – publish all key documents online The Government should ensure that all rules and practices relating to interpretation and operation of the work expenses framework are published together online, ...

A state by state approach to legislating protection of privacy rights?

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opensource.com The South Australian Law Reform Institute Final Report on A Statutory Tort for Invasion of Privacy includes 34 recommendations fleshing out the detail of its principal recommendation that the South Australian Parliament should enact a limited cause of action for serious invasions of personal privacy. The report remind s in 1973, the former South Australian Law Reform Committee recommended that a general right of privacy be created;  bills to establish that right were introduced into the parliament in 1974 and again in 1991 but were both defeated ; the Australian Law Reform Commission in 2008, the NSW Law Reform Commission in 2009, and the Victorian Law Reform Commission in 2010 recommended the introduction of a statutory cause of action for invasion of privacy; the Australian Law Reform Commission returned to the subject again in 2014 when the report "Serious Invasions of Privacy in the Digital Age" recommended that if a cause of action for serious invasion...

Parliament prorogued, bills list wiped clean, end of the siege of the OAIC?

The Governor General has prorogued Parliament with effect from 5pm on 15 April and summoned Parliament to sit for a new session at and from 9.30am on 18 April. The Parliament will sit for three weeks before the Budget on 3 May. According to the advice from the Attorney General that accompanied the Prime Minister's letter to the Governor General "The effect of prorogation is that Bills on the Notice paper will lapse but can be restored in the manner set out in the Standing Orders." The Prime Minister states the reason for recalling Parliament is to enable it to give full and timely consideration to two important parcels of industrial legislation, the ABCC Bills and the Registered Organisations Bill. He adds "If time permits the Government might also use the additional sitting days to consider other legislation." One other piece of legislation on the Senate Notice paper since October 2014 is the Freedom of Information Amendment (New Arrangements) Bill, the bi...

Attorney General Brandis maintains silence over the Government's record on Freedom of Information

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I n the Senate last week Senator Penny Wong asked about a Freedom of Information request made to the Attorney Generals' Department three months ago which remains unanswered.  The debate went all over the place from there with Attorney General Brandis darting and weaving over the specific issue before maintaining silence when Senator Joe Ludwig (pictured) made some general observations, about FOI administration. While time expired there are plenty of opportunities for Senator Brandis to set the record as he sees it. Senator Ludwig said:  "..Senator Brandis presides over the worst administration of FOI that this country has ever seen.. This government wants to dismantle the FOI regime that has been in place for many years. It has legislation sitting on the Notice Paper to do just that. This government does not support the FOI regime we have now, let alone the previous FOI regime. The coalition government is and continues to be unhelpful when it comes to FOI requests... But...

Will the siege on the Office of Australian Information Commissioner continue?

With the Federal Government on the receiving end for 'doing nothing' on a range of pressing issues and three sitting days before Parliament rises until the Budget in May, will Attorney General Brandis stick with doing nothing, pull the bill to abolish the Office of Australian Information Commissioner from the Senate or call it on for a vote that he knows the government can't win? Doing nothing speaks for itself - a discouraging, dispiriting message for those still looking for signs of real interest in 'good government' an d recognition that transparency, accountability and public participation are a big part of the mix. Withdrawal of the bill would indicate serious intent regarding the Prime Minister's commitment to join and participate-'play a leading role' no less- in the Open Government Partnership.  Arguing in the Senate in a futile attempt to convince Labor, the Greens and the crossbench senators to support abolishing the watchdog / advoc...