Independent senator Rex Patrick has threatened to take legal action against the freedom of information umpire for “unreasonable” delays in reviewing his requests to access government documents.
Senator Patrick wrote to the Australian Information Commissioner, Angelene Falk, this week saying he would have no choice but to begin Federal Court proceedings unless his complaint was addressed within 14 days.
Senator Rex Patrick says the Coalition is responsible for creating “this mess”.Credit:Alex Ellinghausen
The South Australian senator, who is an advocate of open government, said 18 of his FoI requests had been with the Office of the Australian Information Commissioner (OAIC) for review for more than six months, including three for more than two years. They included requests for access to defence and foreign affairs documents as well as advice relating to the government’s handling of the so-called sports rorts saga.
He told Nine News and this masthead the Coalition was responsible for creating “this mess”.
“They have led from the top in encouraging opaqueness and obfuscation,” he said. “There are a number of people seeking information who have been waiting well over a year for a review by the information commissioner and will get access to information when it has historical value only.”
Nine News and this masthead have been waiting more than 12 months for the commissioner to decide whether to release a letter written by the Australian Federal Police to then-home affairs minister Peter Dutton about its assessment of Nationals MP George Christensen’s travel to the Philippines while a member of Parliament.
Submissions to a government review of the Privacy Act described the privacy watchdog as “weak” and in need of significant funding, an issue Senator Patrick raised in his letter although he insisted “under-resourcing cannot be a defence”.
“The government has to address the significant under-resourcing of the Office of the Australian Information Commissioner, otherwise others may adopt this approach,” he said.
A spokesperson from the OAIC said the number of requests finalised in a year had increased 80 per cent over the past four years.
“While we cannot comment on specific matters under review, the OAIC seeks to resolve all applications for information commissioner review as efficiently and effectively as possible,” they said.
The OAIC last year finalised 72 per cent of reviews within 12 months, compared with a target of 80 per cent.
The spokesperson said the organisation had been “implementing a range of operational efficiencies”.
“We acknowledge these improvements are not able to keep pace with the continuing rise in the number of applications,” they said.
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