Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-06-04 Daily Xml

Contents

Question Time

Freedom of Information

The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:20): I seek leave to make a brief explanation before asking the Minister for Employment, Higher Education and Skills, Science and Information Economy, the Status of Women, and Business Services and Consumers questions about FOI.

Leave granted.

The Hon. D.W. RIDGWAY: Yesterday the South Australian Ombudsman's report was tabled into the audit of the implementation of the Freedom of Information Act within government departments. Mr Richard Bingham's executive summary explains that a minister is permitted by the act to direct an agency determination but that those directives should be clearly set out in the agency's written determination to the applicant. He also explains that there was strong evidence throughout the audit that ministerial or political influence has been brought to bear on the agency's FOI officers. It was revealed that agencies often provided a draft determination to their minister to get the green light prior to finalising access requests. My questions to the minister are as follows:

1. Has the minister ever directed an agency, or delegated any of her staff to direct an agency, to withhold information which would have otherwise been released under the agency's draft FOI determination?

2. If this is the case, has the basis for giving this direction been anything other than those exemptions that are provided for in the act?

3. Following any ministerial decision or direction which caused a change to the agency draft determination, has a written determination been sent to the applicant which did not clearly state the minister's decision or direction?

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (14:21): No.