Senate debates

Monday, 29 November 2021

Statements

Freedom of Information

1:50 pm

Photo of Rex PatrickRex Patrick (SA, Independent) Share this | Hansard source

Delay is the enemy of freedom of information. Information has currency if it is new, and it can become very stale in a very short period. I currently have 22 matters before the Information Commissioner appealing access refusals from government departments. Some of my matters with the Information Commissioner have been on foot for two years. Twelve of them have been on foot for over a year. In order to remedy this, I've made an application in the Federal Court to make a determination across a broad range of my FOI reviews and find out what is a reasonable time frame for the Information Commissioner to make a decision. In making that application, I am supported by affidavits from EDO, the Australia Institute, businesses and the Hon. Mark Dreyfus QC, all appreciating that this is a matter that needs to be sorted out.

Last week I was in court seeking a protective cost order, recognising that my matter is a public interest matter. There's no benefit that flows to me. If I get a ruling, that will help everyone. What does the Commonwealth do at the last moment? It throws a $150,000 legal threat at me. Legal thugs—that's what we've got with the Commonwealth. At the very last minute it throws a threat of legal costs against me. I won't be deterred. This is going to be David and Goliath, but this is a really important matter. I am going to seek help from others, and I will not back down on this.

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