Australian FoI loophole to deny access to documents closed in ‘transformative’ ruling

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Australian FoI loophole to deny access to documents closed in ‘transformative’ ruling
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Former senator Rex Patrick’s bid to scrutinise documents relating to sports grants upheld by federal court after refusal by FoI watchdog

Former senator Senator Rex Patrick had challenged a decision by the FoI watchdog to deny access to government documents after ministers have moved on.Former senator Senator Rex Patrick had challenged a decision by the FoI watchdog to deny access to government documents after ministers have moved on.

Justice Natalie Charlesworth accepted there may be “very strong political resistance” for outgoing ministers to hand over documents subject to pending FoI requests, particularly if there’s a change of government. “The balance between maintenance of secrecy and public access is one that is struck by the Parliament. It is legislation, not political or administrative convention, that is determinative of Mr Patrick’s rights in the present case.”

“I’m disappointed that the attorney general fought me on this and spent close to $200,000 of taxpayer’s money doing so.Our Australian morning briefing breaks down the key stories of the day, telling you what’s happening and why it matters“The transparency fight goes on. While the matter is now one of history, Australians are entitled to the truth. We might also learn something that will assist in avoiding a future rort.

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