Media Release – Comprehensive Overhaul Needed on RTI System

Independent Member for Nelson Meg Webb’s Motion calling on the Government to commission an independent review of the Right to Information Act 2009 successfully passed the Legislative Council today.

“On the eve of International Day for Universal Access to Information there is no better time for the Government to commit to fixing our dysfunctional RTI system once and for all,” Ms Webb said. “An effective RTI system is the foundation of a healthy democracy and for citizens’ rights to access information from the government that represents them.

“After 30 years of Tasmanian legislation enshrining RTI and in the shadow of the Commission of Inquiry report – further highlighting failures of the system – the Rockliff Government cannot be allowed to set the lowest possible bar on this.”

Ms Webb said the Right to Information Act 2009 has never reached its full potential and has been a long-standing source of concern and complaint.

“The ‘push’ model in the Act isn’t being implemented, the objects of the Act are not being delivered – which means less Government accountability to the people of Tasmania and less opportunity for Tasmanians to participate in their governance.

“Reported data has demonstrated the failures of the RTI system, showing it to be the nation’s worst – with the highest error rate, highest rate of refusal, and unacceptably long delays for external review.”

Ms Webb said the Government must commit to a comprehensive overhaul and full legislative review of the RTI system.

“Small tweaks and stop-gap funding investments are simply not good enough. The Commission of Inquiry highlighted the damage caused to victim-survivors by a  system which put barriers in the way of people exercising their right to access information and records. Tasmanians deserve a genuine investment in the health of our democracy.

“The Rockliff Government must back its commitment to governing with openness, fairness and transparency by taking urgent action to fix Tasmania’s failing RTI system, starting with a comprehensive, independent review.”

Link to TRANSPARENT FAILURE Lutruwita/Tasmania’s ineffective right to information system and how to fix it – https://www.edo.org.au/2023/07/05/transparent-failure-tasmanian-government-is-the-most-secretive-in-australia/

Notice of Motion: 6   (Ms Webb) to move –

(1)        That the Legislative Council notes:—

(a)        28 September 2023 is International Access to Information Day; and

(b)        the 30year anniversary of legislation enshrining Tasmanians’ Right to Information on the State statutes is also being celebrated on the 28 September 2023.

(2)        The Legislative Council further:-

(a)        Notes the report, Transparent failure: Tasmania’s ineffective right to information system and how to fix it (The Report), released by the Environmental Defender’s Office Tasmania (EDO) in July 2023;

(b)        Acknowledges the EDO’s analysis that its report indicates the administration of Tasmania’s freedom of information remains the most secretive in Australia;

(c)        Acknowledges the Report is informed by the EDO’s review of the handling of applications under the State’s Right to Information Act 2009 (RTI Act), the analysis of which found Tasmania ranked last on a range of measures when compared with national jurisdictions, including: 

(i)         The highest rate of refusals, with Tasmanians more likely to have their freedom of information applications refused than citizens anywhere elsewhere in Australia;

(ii)        A high rate of errors, with up to 70% of RTI Act refusals over the past five years overturned on review by the state Ombudsman;

(iii)       Disturbingly slow review times, which see Tasmanians waiting almost three years on average to have refused RTI Act applications reviewed;

(iv)       A large and growing backlog of unresolved reviews; and

(v)        A low level of government accountability, with analysed data indicating the RTI Act is not being administered in a way that allows for the efficient public scrutiny of government decisions.

(d)        Agrees in any democracy, access to government information and public scrutiny of government decisions is a critical component of government accountability.

(3)        And further, the Legislative Council calls on the Tasmanian Government to back its commitment to governing with openness, fairness and transparency by commissioning an independent review of the Right to Information Act 2009, including its objectives, implementation and administration.