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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-04-30 Daily Xml
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FREEDOM OF INFORMATION

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (14:38): My question is the Minister for Mental Health and Substance Abuse.

Mr Bignell: More lies.

The SPEAKER: Order!

Ms CHAPMAN: Was the Premier's approval sought—well—

Members interjecting:

The SPEAKER: Order! The member for Mawson will withdraw.

Mr BIGNELL: I withdraw, Mr Speaker.

Ms CHAPMAN: Was the Premier's approval sought before it was decided that the Department of Health would appeal the South Australian Ombudsman's decision to grant the release of documents under the Freedom of Information Act in the District Court? This is in respect of the correspondence between the department and the Chapley Retail Group about the Glenside Hospital.

The Hon. J.D. LOMAX-SMITH (Adelaide—Minister for Education, Minister for Mental Health and Substance Abuse, Minister for Tourism, Minister for the City of Adelaide) (14:40): I thank the member for her question. I think she misunderstands how the freedom of information system works. In fact, it is not a political process at all; it is carried out by officers within the department, who perform their role in a fair and equitable way. In my experience they are not directed in any way politically; it is just carried out at an official level.

The Hon. P.F. Conlon: It would be improper to ask the Premier what should happen.

The Hon. J.D. LOMAX-SMITH: Absolutely. As I understand it, that does not occur. It may have occurred when the opposition was in government. They may well have edited, doctored or chosen what was released, but that is certainly not something that occurs now.

In the case of the information that the honourable member is describing, I understand that she wanted some information that related to a third party outside government. It may have been necessary under those circumstances to seek their permission. In my experience that often delays the release of documents. If a third party is involved in some material, whether it be letters or other factual documentary information, it is quite proper that their consent be sought before the papers are released. However, in our government this is done at a bureaucratic officer level and it is not interfered with by the political arm.

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