Sophie Scamps (Mackellar, Independent) Share this | Hansard source

I move the amendment circulated in my name:

(1) Schedule 7, Part 3, page 64 (line 1) to page 65 (line 5), omit the Part.

The amendment I am moving today is simple. It removes the changes proposed in this bill to the deliberative documents exemption of the Freedom of Information Act. The bill proposes to expand this exemption by including a new list of 'factors against giving access' in addition to the current 'factors favouring access' and 'irrelevant factors'.

This list of factors against giving access to a document in the public interest is overly broad. In the words of former Public Service Commissioner Andrew Podger, 'They could be used to refuse access to almost any document.' Specifically, the list includes whether giving access to the document would or could reasonably be expected to prejudice the orderly and effective conduct of a government decision-making process. This is one of many measures in this bill that would reduce government transparency and take our public service in a more secretive direction.

As I outlined in my second reading speech, experts, the broader community and my crossbench colleagues have all raised key concerns with this bill, including the expansion of the cabinet documents exemption, the reintroduction of application fees for FOI requests and the removal of the ability for an FOI applicant to remain anonymous or use a pseudonym.

A central argument for the government for the proposed expansion of exemptions is that the current provisions constrain the delivery of frank and fearless advice. Certainly, we must protect the Public Service values of impartiality, intellectual rigour and perhaps, most importantly, the willingness of public servants at all levels to offer frank and fearless advice to their superiors and their ministers. Yet the evidence, including from the robodebt royal commission, shows that factors other than FOI are contributing to failures to provide frank and fearless advice. These include the central role of government in appointing and dismissing departmental secretaries, which has the potential to impact the relationship between the secretary and the minister. Disappointingly, the government has not taken on key recommendations of the 2019 Thodey report to reform the appointment and tenure processes of departmental secretaries. Such reforms would structurally strengthen the independence of the Public Service and improve the ability of public servants to provide frank and fearless advice.

Freedom of information is a key pillar of our democracy. It ensures that the Australian people have access to the information they need to understand the decisions and actions of their government. Australia's FOI system does need repair, but the overwhelming sentiment from community experts—and in submissions to the Senate inquiry on this bill—is that this bill is not fit for purpose. Given the strong and broad opposition to the bill, I feel it should be withdrawn. I would urge the government to instead set up an independent, comprehensive review of the FOI system in a way that modernises it to work for, not against, our democracy. However, in place of that, the bill—

A division having been called in the House of Representatives—

Sitting suspended from 17:00 to 17:13

However, in place of that, the bill should, at the very least, be amended to remove the most egregious elements. These include the member for Indi's amendments to remove the expansion of the cabinet documents exemption and application fees and the member for Kooyong's amendment to remove the restriction on anonymous requests. I thank them both for their tenacity in striving to strengthen the integrity and transparency of our political system.

The amendment I'm moving removes the expansion of the deliberative documents exemption, something that would move us away from a culture of disclosure and towards a culture of secrecy. Our FOI system is critical to the integrity and strength of our democracy, and we must preserve and protect it at all costs. That's why I asked the government to engage in good faith with the crossbench amendments today. There is no urgency to push these changes through, and I ask the government to seriously consider these amendments. I commend the amendment to the House.

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