1 November 2010

Add third release:

From: "Stinson, Jayne" <Jayne.Stinson[at]ag.gov.au>
Date: Tue, 2 Nov 2010 00:01:56 +1100
Subject: O'CONNOR: Transcript: Doorstop on FOI reforms [SEC=UNCLASSIFIED]

UNCLASSIFIED

THE HON BRENDAN O CONNOR MP
MINISTER FOR HOME AFFAIRS AND JUSTICE
MINISTER FOR PRIVACY AND F.O.I.

TRANSCRIPT

Doorstop with Australian Information Commissioner Professor John McMillan AO

Mural Hall, Parliament House, Canberra

Monday, 1 November 2010

Topics: FOI reforms; air cargo security and Yemen bomb threat; fifth largest heroin bust.

JOURNALIST: Will the Information Commissioner also be able to look at information being collected by government? Specifically looking at that internet AusLog material

BRENDAN O CONNOR: Might ask Professor McMillan just to respond ...

PROFESSOR JOHN McMILLAN: Ah, yes, we have effective powers, both under the Freedom of Information Act and the Privacy Act to examine any information held by government whatever the security classification held. The only restrictions are access to security intelligence held by security intelligence agencies that are exempt from the operation of the act.

JOURNALIST: So Minister O Connor, if the government s that transparent, why has it been so difficult to find out what data is being collected by government, how long it s going to held and where it s going to be held and under what circumstances?

BRENDAN O CONNOR: Well, as I said, today is a good day. Today is introducing laws which enable the public to seek information from government. We ve seen the abolition of application fees. We ve seen the abolition of fees that go to having the government or indeed the Information Commissioner review decisions. I mean the removal of these fees will increase the capacity for individuals and indeed organisations to seek further information. I would expect these changes to be embraced, not only by the public at large, but by organisations that take particular interest in area of public policy.

JOURNALIST:  As a broad philosophy, you d say that while government is being more open about the information they publish, the public should be more, should be more open to the fact that a lot more information is going to be collected about them?

BRENDAN O CONNOR: What we d like to see happen here, and that s why we have a Privacy Commissioner, what we want to make sure is that we ve got the right tension between firstly disclosing information that should be disclosed. I mean, what we are really doing here is shifting the culture. We are setting up a situation where there is an inclination toward disclosing information rather than an inclination not to disclose information. And I think that s a very important change and I think we have taken a number of steps, because this is a fundamental change needing a period of transition and that s why last year we introduced some very important reforms in this area. Today we see the actual establishment of a very important statutory agency. And of course, in May next year, we ll see the creation of a framework which I believe will lend itself toward agencies and departments of government providing information without even requiring FOI applications. We want to get to that point - rather than having a reactionary process, we re looking to have a pro-active, pro-disclosure approach, and I think these changes augur well for those advocates who believe in great transparency and greater accountability of government.

JOURNALIST:  Minister, what increase in workload do you expect for Australian government departments? What sort of percentage jump in the number of Freedom of Information claims as a result of the changes today and how can you be confident that the government departments will be able to tolerate that workload and deliver on the provisions of those changes?

BRENDAN O CONNOR: Well I think it s speculation as to whether there ll be a significant increase or not but what we do know is that there s been a slight decline in all FOI applications in recent years. And although there s been perhaps an increase in those applications for general information, what I would expect is to see an increase over the shorter period, but over time, with the introduction of an approach from government to disclose information, to provide online information that was not readily available in the past, I believe those changes will lead to a reduction over time. I might ask again Professor McMillan to respond also to that particular issue.

PROFESSOR JOHN McMILLAN:  The new act makes is much easier for people to make an FOI request and to get assistance from an independent office in doing so. Um, I think it is likely that in the short term there will be an increase in requests to departments, including for policy material. I think it likely that there will also be an increase in applications to my office for a review of decisions by agencies, but I would hope that over time, it becomes easier for agencies to handle information, um, FOI requests, ah, because of the new commitment, particularly from senior levels in agencies to an open culture. And I expect too that the greater publication of information by government will satisfy the interest that many people have in learning more about individual decisions. Overall my hope is that the extra workload will be manageable within the new framework that has been established.

JOURNALIST: Minister how many normal people - not journalists - lodge FOI requests, and do you expect that to increase under these changes?

BRENDAN O CONNOR: Are you implying you re not normal? I m not sure the exact number.  We know of course there are some bodies and some organisations that are more inclined to seek particular information, but I also think that all Australian citizens should be aware of their right to seek information - particularly personal information, their own information. 

And that s why we ve really removed some of the impediments to access to that information.  Of course there is general information which may be more of the focus of media, and again the beneficiaries of these changes include not only individuals but organisations like media outlets, the other thing we say though in relation to the disclosure is we believe that if the information is to be disclosed and this is very clear in the decisions today that the disclosure, or the disclosed information be provided, no later than ten days from the decision of the disclosure to everybody.  So the information, with a few exceptions, will be placed online, providing information to all organisations, and all individuals, not just applicants of the information. 

So I think these are important changes, I think that the media does have a particular interest understandably, but increasingly Australians are wanting to know who holds information in relation to themselves and what capacity they have to access such information.  This new body, these changes, will enable ordinary Australians to access information in a manner that they haven t in the past and it should be embraced by everybody.

JOURNALIST:  Minister, should we be worried about a terrorist attack in Australia given what s happened overseas?

BRENDAN O CONNOR: We should always be vigilant about threats to this country and that s why this government dedicates enormous resources to ensure that we protect our citizens and protect our interests in this nation and for that reason we continue to review the way we operate.  Only this year in February, we announced an increase in $200 million initiative to aviation security in order to ensure that we have the right security infrastructure in place, the right security personnel in our airports and in order to ensure that we mitigate against the national security threats, but of course terrorism is an issue for this country and any country around the world and we have to continue to be mindful of those threats and respond accordingly.

JOURNALIST:  The Prime Minister s in Malaysia at the moment.  How important is our relationship with Malaysia in the fight against people smuggling?

BRENDAN O CONNOR: Well it s very important and indeed the Malaysian Government should be applauded only some months ago for enacting people smuggling legislation where the penalties are up to ten years for serious offenses. 

These are new laws introduced by the Malaysian Government to respond to a regional challenge and not only for Australia and Malaysia but for other countries in the region, so we work very closely with Malaysia. As you know, not only is the Prime Minister visiting Malaysia, but the Minister for Immigration recently visited Malaysia and we ll continue to work with that country and that government because we know that people smuggling syndicates have sought to use that country as a transit step to have people either from there or even from Indonesia embark on, in many cases unseaworthy vessels on perilous journeys -something we want to do everything we can to stop.

JOURNALIST:  Minister, some agencies still haven t published their red books.  With the new act you re now expecting them to take the cue and publish them freely?

BRENDAN O CONNOR: I might just ask Professor McMillan if you re in a position to answer that.

PROFESSOR JOHN McMILLAN: The publication requirements in the new Act don t commence for six months so it will be, that issue will then be examined, what agencies are publishing.  Let me say the, the publication requirements have mandatory and voluntary aspects to them.  The mandatory requirement does not include something such as a red book.  So the issue for individual agencies is whether as a matter of voluntary practice they publish their red books on the web.  I note that some government agencies already do that and clearly there will be pressure upon agencies to ensure that the voluntary practice of all agencies meets the best practice of some agencies.

JOURNALIST:  But do you think that stops the advice being frank and fearless at all?

PROFESSOR JOHN McMILLAN:  Agencies are well to used to freedom of information now for over thirty years and it was probably expected by the government departments that have published the red books that they would receive FOI requests for those red books and that publication was a possibility. Nobody to my knowledge has criticised the candour and professionalism of the analysis. There is no doubt that publication of information changes practices within government in terms of how policy proposals are prepared, but over time government learns to live with those requirements and tolerate far higher levels of disclosure than have been the practice in earlier years.

JOURNALIST:  Minister, how serious is the terrorist threat from Yemen to Australia and how are Australian authorities responded to it?

BRENDAN O CONNOR: It s always a reminder when you see such an event as the one recently uncovered at Yemen.  There are those people in this word that would seek to harm us or our friends and for that reason we have to continue to be, as I said earlier to an earlier question, vigilant in making sure that our agencies work very closely with counterpart agencies in the region and overseas. 

We have made clear that the way in which freight comes in to this country has to be properly checked.  We have an intelligence-led approach, not only passengers, but to cargo, and for that reason we place a greater level of emphasis on cargo coming from some locations than others based on intelligence we receive both from our own agencies and agencies in countries that we work closely with on these matters. 

So again, that incident in the end  turned out to be a successful effort by the authorities involved, but it s a  reminder of how potentially dangerous such activities are. And for that reason we not only have to have the right resources in place and that s why I made reference to the extra increase in resources to our airports only this year - but we have to work very closely with agencies in the region and globally, and indeed acquire sufficient intelligence to know exactly where to target.  Now I think we do well in that area but we always have to monitor the activities of certain organisations because there are those who would seek us harm if they could, if they could harm us.

JOURNALIST:  (inaudible)

BRENDAN O CONNOR: Well, well in relation to that I can only say, I can t go to particular details of them but it underlines the point that we need to work very closely with authorities, now we made clear there is some incoming cargo from some ports that is entirely screened.  The Prime Minister has made clear that in relation to Dubai, Doha and Abu Dhabi that we screen 100% of that cargo.  And we ll continue to determine the way in which we screen cargo and indeed the way in which we screen passengers based on intelligence that s derived from information amongst agencies in this country and like countries around the world.

JOURNALIST:  Minister, just quickly. You must be pleased with the joint operation leading to the fifth-largest heroin seizure?

BRENDAN O CONNOR:  I d like to applaud the efforts of the Australian Federal Police and Customs and Border Protection for seizing the fifth largest heroin haul in this country. It s a great effort.  It is a reminder that the Organised Crime Strategic Framework, which was introduced by the Attorney and I, is starting to bear fruit. 

This was a huge haul. Almost $60 million street value, 168 kilograms, fifth largest haul in this country of heroin and it does have a very strong impact on organised crime. 

Money is the lifeblood of organised crime.  Illicit drugs are their primary source of income.  If we can deprive them of that money we punch a hole in organised crime syndicates and that s a very good thing.  And I applaud Customs and Border Protection and other agencies for their great work. Thank you.

JOURNALIST:  Thank you Minister.  Thanks Professor.

From: "Stinson, Jayne" <Jayne.Stinson[at]ag.gov.au>
Date: Mon, 1 Nov 2010 14:54:26 +1100
Subject: O'CONNOR: Launch of the Office of the Australian Information Commissioner [SEC=UNCLASSIFIED]

UNCLASSIFIED

THE HON BRENDAN O CONNOR MP
MINISTER FOR HOME AFFAIRS AND JUSTICE

SPEECH

E&OE PROOF ONLY

Launch of the Office of the Australian Information Commissioner

Mural Hall, Parliament House, Canberra

Monday, 1 November 2010

Can I firstly acknowledge the traditional owners of the land on which we meet, and pay my respects to their elders, both past and present.

May I also acknowledge Senator Gary Humphries, representing the Leader of the Opposition; the Australian Information Commissioner, Professor John McMillan AO; the Privacy Commissioner, Mr Timothy Pilgrim; the new Freedom of Information Commissioner, Dr James Popple; and the various Departmental and agency heads who have been able to join us here today. 

It is a pleasure to be here to launch the Office of the Australian Information Commissioner. 

The Office is formally established today with the commencement of the Government s most recent FOI and information management reforms.

These reforms mark a new era of Government transparency and accountability, in which the Office of the Australian Information Commissioner will play a key role.

It should be acknowledged that the privacy aspects of the Office have existed in one form or another for over twenty years.

A branch of the Human Rights and Equal Opportunity Commission, as it was then called, looked after privacy from 1989, before the creation of an independent statutory agency called the Office of the Privacy Commissioner in 2000.

Other statutory and review bodies, such as the Ombudsman and the Administrative Appeals Tribunal, have also had functions relating to freedom of information for some time.

But the creation of the Office unites, for the first time, the Privacy Commissioner with the new Australian Information Commissioner and new Freedom of Information Commissioner, into a single statutory agency.

Together the Commissioners will be an independent agency for FOI and privacy matters, and all three will be active proponents for the development of sound policy and best practice standards in these areas.  

Moreover, the Information Commissioner will work with Government to draw these strands together, to develop a coordinated pro-disclosure information policy across government.

And the development of the pro-disclosure culture has already begun.

In October last year, the power of Ministers to issue conclusive certificates was abolished with the commencement of the first tranche of the Government s FOI reforms.  Information can no longer be locked up because it doesn t suit the Government s interests.

The commencement of the second tranche of FOI reforms today will continue the development of the pro-disclosure culture.

Firstly, there will be a new regime of FOI fees and charges. 

From today, application fees for FOI requests and fees for applications for internal review, will be abolished.  From today, the first five hours of decision-making time will be free for all FOI applicants. And from today, no charge will be payable if an agency takes longer than the statutory time limit to respond to an FOI request.

Effectively, this means that an FOI application received from today, which takes less than five hours to reach a decision on, will be free of charge, except for search and retrieval fees, photocopying charges and the like. 

These changes will remove some of the financial impediments that might have previously prevented someone from seeking access to government-held information.  It will ensure that more people are able to access information through the Government s FOI processes.

And that is what this is really about improving access to information.

This brings me to three other important aspects of our FOI reforms.

From today, many of the exemptions in the FOI Act will be subject to a new single public interest test that is weighted towards disclosure. 

Of course, exemptions for certain sensitive documents will remain - such as an exemption for certain Cabinet documents, an exemption for documents affecting the enforcement of law and the protection of public safety, and an exemption for documents disclosing trade secrets or commercially valuable information.

From May next year, a new Information Publication Scheme will commence, imposing a positive obligation upon agencies to pro-actively publish certain types of information. 

And - related to the Information Publication Schemes - from May next year, any information that is disclosed in response to an FOI request, must be published online within ten days of the disclosure, unless it is subject to an exemption, as in the case of private or personal information.

All of this is to say that, consistent with almost forty years of Labor policy, we now have a new level of transparency in Government. 

We were champions for Freedom of Information laws as early as 1972. It took another decade for an FOI Act to emerge from the Parliament, but, a year after its passage, a newly elected Hawke Government expanded the scope of the Act to give Australians a greater right of access to government-held information. 

Twenty years later, it was Labor calling for reform in this area.

On coming to Government, Labor introduced a Lobbying Code of Conduct, a Lobbyist s Register, a Ministerial Staff Code of Conduct and the strongest ever standards of Ministerial ethics.

And with these latest reforms to Freedom of Information laws, we will further improve public participation in government processes and increase accountability in the government s activities. 

I look forward to working with John, the new Australian Information Commissioner; Timothy, the still-new Privacy Commissioner, and James, the new Freedom of Information Commissioner.

I look forward to working with you and your officers.  And I formally launch the Office of the Australian Information Commissioner.  

From: "Stinson, Jayne" <Jayne.Stinson[at]ag.gov.au>
Date: Mon, 1 Nov 2010 09:43:12 +1100
Subject: O'CONNOR: New era of freedom of information starts today [SEC=UNCLASSIFIED]

UNCLASSIFIED

THE HON BRENDAN O CONNOR MP
MINISTER FOR HOME AFFAIRS AND JUSTICE
MINISTER FOR PRIVACY AND F.O.I.

MEDIA RELEASE

Monday, 1 November 2010

New era of freedom of information starts today

Minister for Privacy and Freedom of Information Brendan O Connor today welcomed the start of extensive changes to Australia s freedom of information laws.

Today marks a new era of transparency and accountability in government, Mr O Connor said.

The reforms apply the principle that government information is a national resource just like our water, our minerals and our beaches, he said.

Information is an asset for all to share in, wherever possible. It is not the possession of one agency or individual, Mr O Connor said.

The new laws strike a balance between ensuring openness and accountability, while protecting some sensitive information that could risk lives or compromise national security.

Since coming to office, the Federal Labor Government has led a wholesale revision of the way FOI requests are treated. A single public interest test will override previously allowed exemptions and new processes will compel a culture of disclosure, Mr O Connor said.

And with new rules come new umpires three Commissioners will oversee Privacy and FOI laws as part of the new Office of the Australian Information Commissioner, Mr O Connor said.

The Office begins operation today headed by the Australian Information Commissioner Professor John McMillan AO, and supported by the Privacy Commissioner Tim Pilgrim and the new Freedom of Information Commissioner Dr James Popple.

The Office is a specialist independent agency with the ability to review FOI decisions and investigate complaints.

The reforms also slash fees from today.

• application fees for FOI requests are abolished
• fees for applications for internal review are abolished
• the first five hours of decision-making time will be free for all FOI applicants
• a person seeking access to their own information won t face any charges at all
• no charge if an agency exceeds the statutory time limit to respond to a request

The changes that take effect today follow an earlier move by the Federal Labor Government to abolish conclusive certificates.

Media Adviser: Jayne Stinson 0458 547 512 jayne.stinson[at]ag.gov.au