Commonwealth Government Freedom Of Information Departments?

[Danman132]

Are Freedom Of Information departments within Commonwealth Government Departments supposed to be independent?
Is there a law or a policy that ensures this or something a requestor of government held information can use to ensure this happens?

This question is general. For any Commonwealth Government Department.

Thanks

 

[Tim W]

This question is general.

No, it isn't.
Perhaps if you ask your actual question, we can try and give you a helpful answer.

There are many exceptions to Commonwealth FOI.

 

[Danman132]

No, it isn't.
Perhaps if you ask your actual question, we can try and give you a helpful answer.

There are many exceptions to Commonwealth FOI.

If the departments FOI department isn't independent then what is the use of using them to get the information you need?

I don't care about the reasons for rejections, I'm asking about whether the relevant FOI department is obliged to act independently?

 

[Docupedia]

I can’t see anything in the Freedom of Information Act that would require ‘acting independently’. Rather, they’re obligated to act in accordance with the legislation’s requirements, and whatever public service charters apply. Commonwealth departments do have a bit of latitude in determining FOI requests when it comes to the practicality of the request. That’s why there is a right of review to the Information Commissioner - which is likely the independent part you’re looking for.

 

[Danman132]

I can’t see anything in the Freedom of Information Act that would require ‘acting independently’. Rather, they’re obligated to act in accordance with the legislation’s requirements, and whatever public service charters apply. Commonwealth departments do have a bit of latitude in determining FOI requests when it comes to the practicality of the request. That’s why there is a right of review to the Information Commissioner - which is likely the independent part you’re looking for.

Thank you. I agree. The Commissioner is the only way to gain some independence in their decisions.