FRAN KELLY: Well, as we saw last week with the passage of the Fair Work Bill, eventually, the Rudd Government is moving apace with its election promises and the latest one to be unveiled, a sweeping overhaul of freedom of information laws.
Senator John Faulkner has released the draft laws. The Special Minister of state joins us now.
Minister, good morning. Hello, John Faulkner.
JOHN FAULKNER: Good morning, Fran.
FRAN KELLY: Thanks very much for joining us, John.
Minister, how will these proposed freedom of information changes make information easier to access?
JOHN FAULKNER: Well, what I announced yesterday is one of the Government's very key election commitments which was to restore trust and integrity in the use of Australian government information and to ensure that we promoted a culture of greater openness and transparency in government.
The way we're doing it is through reforms which strengthen our Freedom of Information Act and there's a range of, I think, very important measures including the establishment of two new statutory positions, an information commissioner, an FOI commissioner, which we promised before the election.
We're giving the FOI commissioner power to review agencies' FOI decisions. We're reinforcing the act with a new objects clause which confirms this rationale for a right to access and confirms that government information is a national resource.
We're introducing a new publication scheme, introducing a single, strong, clear public interest test, so they're very wide-ranging reforms, Fran, which I do believe will deliver on that important, that integral element of the Government's pre-election commitments in relation to government openness.
FRAN KELLY: A single, clear public interest test obviously simplifies things. You're also making it cheaper to apply for a freedom of information - access to info. Presumably that's designed to make it easier for the public to make these applications.
JOHN FAULKNER: Yes, well, the Government did again make commitments about this prior to the election but we're delivering on our commitment to make FOI free for people who are seeking access to their personal records and most FOI applications are of that nature.
We're also making FOI much more affordable by removing all FOI application fees and providing for charge-free periods for decision-making time so again these are very significant reforms to FOI.
FRAN KELLY: Minister, you talked about promoting a culture of greater openness and transparency and you said yesterday there might need to be a change in the culture of the public service. Liberal Senator George Brandis says there'll be no change in the culture in the public service unless ministers lead by example. That's fair enough, isn't it?
JOHN FAULKNER: Oh, I think it's a matter for ministers to lead by example. I think it's also a matter, of course, for agency heads in the public service to take a lead role in facilitating the Government's policy objective of enhancing a disclosure culture across government, across agencies but, of course, ministers have to put their money where their mouth is on these sorts of issues.
So I don't resile from that and I don't think you could see a stronger indication of government commitment or of ministerial commitment than the sorts of reforms that were announced yesterday and I might say it's all very well for Senator Brandis to make comments like that but I think we all know what an abysmal record the Howard government had in this area of government openness and transparency. That's why…
FRAN KELLY: I was just going to ask you about that. I mean, you ran into that very issue with the children overboard inquiry: talk about centralisation and control of information. These rules don't go to that but will there be an overhaul to make sure that ministerial advisors, for instance, who might be the hoarders of certain information, will be accountable?
JOHN FAULKNER: One example of what we've done in relation to ministerial advisors is, for the first time, brought down a code of conduct for ministerial advisors.
These things - reform of FOI, a code of conduct for ministerial advisors - absolutely unheard of during the time of the Howard government and that's why the case for reform was so - so urgent and, as I say, I think what we've seen with the announcements yesterday is the Labor Government delivering on this critical part of its pre-election agenda.
FRAN KELLY: And Minister, obviously there'll still be some information off-limits but will it still be possible under these rules to protect any document you like by simply stamping it Cabinet In Confidence?
JOHN FAULKNER: No, no, we're making absolutely clear that that can't be done. In fact, this is something that we've tightened up to make it absolutely clear for those who are accessing material. There is a Cabinet exemption. It stays but it's been narrowed, Fran, so that it only applies to documents that are prepared for the dominant purpose of submission for Cabinet and it also - the exemption also contains a specific provision to make explicit that documents are not exempt merely because they are attached to exempt documents.
So, in other words, you can't wheel in to Cabinet a cartload or trolleyload of documents and they will be - they will be subject to the exemption.
FRAN KELLY: Okay.
JOHN FAULKNER: And this again is a significant reform and if there've been abuses in this area there certainly won't be able to be in the future.
FRAN KELLY: Minister, thank you very much for joining us.
JOHN FAULKNER: My pleasure, Fran.
FRAN KELLY: John Faulkner is the - Senator John Faulkner, the Special Minister of State, just released those sweeping changes to the FOI laws.
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