(MEAA/IFEX) – The following is an MEAA media release: Alliance Supports Freedom of Information Appeal To Federal Court The Media Alliance supports News Limited’s appeal to the Full Bench of the Federal Court against a decision blocking access to Treasury documents and threatening the democratic right to freedom of information (FOI). It is seeking to […]
(MEAA/IFEX) – The following is an MEAA media release:
Alliance Supports Freedom of Information Appeal To Federal Court
The Media Alliance supports News Limited’s appeal to the Full Bench of the Federal Court against a decision blocking access to Treasury documents and threatening the democratic right to freedom of information (FOI).
It is seeking to overturn principles, established in the 1985 Howard v Treasury case, that continue to obstruct journalists’ access to FOI requests.
The News Limited appeal follows Justice Garry Downes’ decision last December in the Administrative Appeals Tribunal (AAT) accepting Treasurer Peter Costello’s use of a ‘conclusive certificate’ as legitimate. The certificate declared information requested under FOI laws by Michael McKinnon, Freedom of Information editor for The Australian, as exempt.
This blocked the journalist’s access to 40 reports from the Australian Tax Office and the Treasury relating to details of income tax to be paid by the Australian people.
“The AAT’s decision displays profound contempt for the laws established to hold those in power accountable,” said Alliance federal secretary, Christopher Warren.
Twenty years ago, John Howard took then Commonwealth Treasurer Paul Keating to the Administrative Appeals Tribunal. Keating had used a ‘conclusive certificate’ to withhold documents and papers sent to the Australian Council of Trade Unions (ACTU) Task Force during the Government’s bargaining session over the content and shape of the 1984/85 Budget.
In his FOI request, made on 17 July 1984, Howard said, “I believe that it is in the public interest that Budget material provided to one section of the Australian community should be available to all Australians.”
Now that the ‘conclusive certificate’ is protecting potentially damaging information about his government, Howard appears to have forgotten his own altruistic notions of public interest, Mr Warren said.
The 1985 case established that it is against the public interest to release certain documents because they will confuse the public, may be too difficult to understand, and may lead public servants to refrain from giving advice in writing for fear it might be released.
“It is outrageous that the government has been allowed to withhold information of extreme public interest through the court’s questionable interpretation of the FOI legislation,” said Mr Warren.
“No government, authority or company should have the means to skirt round obligations to produce information. It undermines the foundations of our democratic society – an informed voting public. We fully support News Limited in their decision to appeal.”
The Media Alliance represents more than 10,000 journalists across Australia.
