FOI Reform - Open Government Information

Office of the Information Commissioner - new website

The Office of the Information Commissioner (OIC) has established a new website at www.informationcommissioner.nsw.gov.au

The website will be continuously updated with details about the establishment of the OIC and the development of guidance and training materials to assist agencies in their transition from the current FOI Act to the new Government Information (Public Access) Act.

Information Commissioner

On 12 September 2009, advertisements were published in newspapers circulating in New South Wales and nationally inviting applications from suitably qualified persons for the position of Information Commissioner. Applications close on 28 September 2009.

Information Commissioner - Advertisement

Information packages containing further details of the position can be obtained from the Department of Premier and Cabinet (contact Sarah Bradshaw on (02) 9228 4657 or by email sarah.bradshaw@dpc.nsw.gov.au).

News from the Information Commissioner

Judge Ken Taylor, Acting Information Commissioner, has begun the process of establishing the office of the Information Commissioner.

A timetable has been settled with the Department of Premier and Cabinet, Treasury and Department of Justice and Attorney General, for the recruitment of the permanent Information Commissioner, who is expected to be appointed towards the end of this year.

The acting Commissioner has started engaging with stakeholders including user groups such as the media and non-government organisations and agencies, including freedom of information officers. Stakeholder views will be crucial to ensuring a smooth transition from the existing FOI regime, which will remain in place until the commencement of the new legislation early in 2010.

An overall implementation plan and timetable will be agreed and made public shortly. It will include a plan for the development and publication of guidance on the new open government regime, and advice for agencies on how to prepare and to handle the transition from FOI.  Training for agency personnel, and a public awareness and education campaign will precede the commencement of the new regime.

A small number of establishment staff and consultants are assisting the acting Commissioner. The Commisssioner has temporary premises in Sydney's CBD.

27 August 2009

A website will be established soon. Enquiries can be directed to Information_Commissioner@agd.nsw.gov.au

4 September 2009

Appointment of acting Information Commissioner

The Privacy Commissioner, Judge Ken Taylor AM RFD, has been appointed as acting Information Commissioner from 17 July 2009 to begin the process of setting up the new office of Information Commissioner.   

This appointment is being made as a transitional measure only.  The Government will shortly commence the public advertisement and selection process for the appointment of a permanent Information Commissioner, with a view to having a permanent officeholder appointed upon commencement of the new legislation in early 2010.

In the meantime, the acting Information Commissioners role will be to lead the establishment of the new office to ensure that, when the permanent Information Commissioner is appointed and the new legislation becomes operational, an appropriate institutional framework will already be in place.

• Letter from the Attorney General to the Joint Parliamentary Committee on the Ombudsman and Police Integrity Commission

Passage of Government Information Bills

The new legislation to reform Freedom of Information laws has been passed by the NSW Parliament and was assented to on 26 June 2009. The legislation is available here:

• Government Information (Public Access) Act 2009
• Government Information (Information Commissioner) Act 2009
• Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009

These Acts have not commenced.

Before this can happen, the institutional structure to support the legislation is to be put into place. Guidance and training for FOI practitioners will also be developed. The Governments first step is to set up the office of Information Commissioner, as contemplated by the new Government Information (Information Commissioner) Act 2009.

It is currently expected that the new regime will become fully operational in early 2010.

Until that time, the current Freedom of Information Act 1989 (NSW) will continue to apply. Links to the current legislation are available here.

Further updates on the implementation process will be made available on this website.

Minimum funding commitment to establish Information Commissioner

On 17 June 2009, the Premier introduced the new Government Information Bills into the NSW Parliament.  At the same time, the Premier announced that the Government had committed a minimum of $3 million in funding to establish the new office of Information Commissioner for the 2009/2010 financial year, with a minimum funding commitment of $4 million per annum going forward.

• Premier's media release (17 June 2009) - $3 million to establish new Information Commissioner
• Premier's speech to Parliament (17 June 2009) - "Agreement in Principle" Speech

Introduction of Government Information Bills

The Government has introduced the following Bills into the Legislative Assembly:

• Government Information (Public Access) Bill 2009
• Government Information (Information Commissioner) Bill 2009
• Government Information (Public Access) (Consequential Amendments and Repeals) Bill 2009

Once passed and commenced, the Bills will replace the current Freedom of Information Act 1989. They also provide for the establishment of a new, independent office of Information Commissioner.

Government response to Ombudsmans Recommendations

The Governments final response to the Ombudsmans recommendations was released on 17 June 2009:

• Government response

Submissions on the Exposure Draft Bills

Public submissions on the exposure draft Bills closed on 3 June 2009. Submissions can be downloaded here:

• Submissions

Exposure Draft Bills

On 6 May 2009, the Premier released exposure draft Bills to reform FOI laws:

• Premiers Media release (6 May 2009) - Premier leads new culture of open Government

The following exposure draft Bills were tabled:

• Open Government Information Bill 2009
• Information Commissioner Bill 2009
• Open Government Information (Consequential Amendments and Repeals) Bill 2009

A Companion Guide to the Bills was also made available.

The NSW Government invited interested persons to provide written submissions on the draft Bills see Message from the Premier.

Premiers response to Ombudsmans review

On 5 February 2009, the Premier announced that the Government would introduce new legislation to overhaul the Freedom of Information Act 1989:

• Premiers Media Release (5 February 2009) Premier welcomes FOI review

Ombudsmans Review

On 5 February 2009, the Ombudsman published a comprehensive review of the FOI Act. The Ombudsmans report can be downloaded here.

• Ombudsmans Report on the Review of the Freedom of Information Act 1989 (Opening Up Government) (5 February 2009)