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The Canberra Times
The Canberra Times
Lucy Bladen

ACT govt transparency questioned as freedom-of-information timelines blow out

The ACT government is still considering recommendations to simplify the territory's freedom-of-information processes, nearly two years after a report was handed down.

Extensions for freedom-of-information applications are being asked on many requests as the territory government has conceded resourcing is an issue.

Special Minister of State Chris Steel said the government was actively working on a piece of policy around freedom-of-information processes.

As part of this, the government is considering a 2020 report from Deloitte into the act, which found territory public servants had been significantly stretched by complex internal processes for freedom-of-information requests.

That report recommended temporarily funded FOI processing roles be made permanent and this would maintain transparency and accountability.

Shadow attorney-general Peter Cain asked about the review in estimates on Tuesday morning. He pointed to the average return time for opposition requests which was 40 days across all directorates.

Mr Steel said agencies tried to meet the statutory timeframe but resourcing was an issue.

"Agencies endeavour to try and meet the statutory timeframes," Mr Steel said.

"The resourcing is an issue and it is something we continue to consider in terms of what's required and whether there are any opportunities to streamline the processes in order to make sure we can respond to those requests efficiently."

Mr Cain asked the Special Minister of State when the government would respond to the Deloitte review.

Mr Steel would not provide a definitive timeline but only said it was being considered on an ongoing basis.

"We are considering those in terms of the ongoing work that we have underway looking at how we can streamline FOI processes and continuing to look at the resourcing," he said.

Mr Cain said the Community Services Directorate will automatically ask for an extension of 90 days for each request.

The Chief Minister, Treasury and Economic Development Directorate is currently asking for a 15-day extension on requests due to a "spike in applications".

ACT government agencies must respond to FOI requests in 20 days but can ask for extensions.

Bureaucrats pointed to last year's annual report on the operation of the freedom of information act from the ACT Ombudsman which said that 97 per cent of applications were decided within the statutory timeline.

But that statutory timeline includes requests where an applicant agrees to an extension.

Mr Cain said he had heard reports of understaffing of FOI officers and they were often required to work over time and on weekends to meet deadlines for requests.

Following the hearing, Mr Cain issued a statement saying the government was clearly not prioritising FOI improvements.

"This Labor-Greens government has proven time and time again their contempt for government transparency; they clearly do not value accountability," Mr Cain said.

"The FOI process is a linchpin of government transparency that the government will not prioritise, in the best interest of their agenda of fostering secrecy.

"The minister wasn't even aware that understaffing was so bad that in some instances, members of the public requesting FOIs have been receiving automatic three-month extensions."

The ACT government passed a Freedom of Information Act in 2016, which officially came into effect in January 2018. The point of the new act was to make information held by the government more accessible to the community.

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Special Minister of State Chris Steel in estimates hearings said the government was considering improvements to the FOI act. Picture by Karleen Minney
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