A great win for Right to Know, FOI and transparency

Ben Fairless is a volunteer administrator of our Freedom of Information (FOI) request site, Right To Know. When the ATO started to refuse valid FOI requests from people on Right To Know he made a personal complaint to the OAIC about his refused request. He has some good news to share!

You may have been aware from previous blog posts that the ATO has been refusing to process valid Freedom of Information Requests requests made via Right to Know since August last year.

In response to their failure to respond to my FOI requests, I made a complaint to the Office of the Australian Information Commissioner (OAIC) in my capacity as an FOI applicant. Both I and the OpenAustralia Foundation believe that all Commonwealth authorities have no right to refuse to process valid requests just because they come from Right to Know.

I’m pleased to pleased that I received a letter in response to my complaint from the Information Commissioner, Timothy Pilgrim yesterday. Mr. Pilgrim’s letter supports both my understanding and the Foundation’s position; It is lawful to use Right to Know to make FOI requests. He further recommended that the ATO begin processing stalled requests. You can read the entire letter on archive.org.

Some key points of the Commissioner’s decision are:

“Part 3.48 of the Guidelines issued by the Australian Information Commissioner under s 93A of the FOI Act (the FOI Guidelines), to which regard must be had in performing a function or exercising a power under the FOI Act, provide that a request can be posted on a public website and forwarded to a specified electronic address of the agency or the Minister. The FOI Guidelines reference the RTK website in the footnote, as an example of such a website.” [emphasis mine]

In addition, the Commissioner had something to say about the way the ATO requested Right to Know remove an Internal Review:

The ATO did not ask the RTK website administrators to remove the name of the affected ATO staff, instead, it asked the RTK website administrators to remove a request for internal review of the ATO’s FOI decision.

He also went on to say that:

The powers of the Information Commissioner do not extend to the administration of the RTK website.

The Commissioner then issued a formal recommendation:

Under s 88 of the FOI Act, I recommend that the ATO process valid FOI requests made through the RTK website.

I believe this recommendation is appropriate to complete this investigation.

As citizens, we are really lucky to have an authority like the OAIC who are responsible for looking after our Right to Know. This application and process cost me nothing but time, and was simple and straightforward. The OAIC played a vital role in resolving this problem. Without the OAIC I would need to appeal to a more formal body, costing time, money (several hundred dollars to just appeal) and legal fees that would run into the thousands.

I feel that the only thing that could have been improved in this process was the time it took for the OAIC to review the complaint, however I hope that could be addressed with more funding for this important resource.

As volunteers at Right To Know we all work hard to ensure that it is a safe environment, where people can work productively with government on furthering the government’s own goals of being open and transparent, and will continue to do so with the support of this decision. We look forward to seeing the ATO uphold their responsibilities and processing people’s requests via the Right to Know website.

This entry was posted in Announcement, RightToKnow.org.au. Bookmark the permalink. Post a comment or leave a trackback: Trackback URL.

One Comment

  1. Gemma Humphrys
    Posted May 12, 2017 at 6:23 pm | Permalink

    Great news!

Post a Comment

Your email is never published nor shared. Required fields are marked *

You may use these HTML tags and attributes <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

*
*

Subscribe without commenting

  • Occasional News

    Stay in the loop with occasional news and notes from the OpenAustralia Foundation in your inbox.

  • Categories

  • Archives

    • [+]2017
    • [+]2016
    • [+]2015
    • [+]2014
    • [+]2013
    • [+]2012
    • [+]2011
    • [+]2010
    • [+]2009
    • [+]2008
    • [+]2007