The Greens, Coalition and crossbench have teamed up to set up an inquiry into the freedom of information commissioner’s resignation over dysfunction and delays in the FOI system.
The FOI commissioner, Leo Hardiman, announced his resignation earlier in March citing his lack of powers to make changes necessary to improve the timeliness of reviews of FOI decisions.
On Tuesday the Senate voted to establish a legal and constitutional affairs references committee inquiry into the resignation, resourcing for FOI applications and reviews, and the possible “creation of a statutory time frame for completion of reviews”.
The motion, put by the Greens senator David Shoebridge, was supported by the Coalition and the entire crossbench, passing 43 votes to 19, with only Labor opposed. The inquiry will report by 7 December.
In March Guardian Australia revealed almost 600 freedom of information cases have languished before the nation’s information commissioner for more than three years, including 42 that are still not resolved after half a decade.
The former senator Rex Patrick has brought a federal court case challenging lengthy delays in the FOI review process. He has warned that vast delays plague Australia’s “broken” freedom of information system and are shielding the activities of government from scrutiny.
In March Hardiman posted to LinkedIn that “further changes are necessary to ensure that the timeliness of … reviews and, consequently, access to government-held information, is increased”.
But without changes to his powers, Hardiman said he had come to the view he would not be able to improve the timeliness of reviews and access to information.
“I have accordingly decided the most appropriate course is to resign my appointment.”
Shoebridge said “anyone who has been near the FOI system will tell you it’s broken, responses are glacial, costs are obscenely high and too often no documents are released despite compelling public interest”.
“The FOI commissioner’s appointment was intended to be a turning point in the scheme but that too has failed, it’s time to take a proper look at what’s going on,” he said in a statement.
“The broken state of FOI laws and the impossible backlog aren’t an accident, they were intentionally created by a Coalition government that was committed to secrecy and hiding ministers from accountability.
“What’s really disappointing is that the new Albanese government has done nothing to fix the problems in FOI, and by refusing to increase funding, they have allowed matters to get even worse.”
In June, the attorney general, Mark Dreyfus, told Radio National he was “not sure that we need to amend the Freedom of Information Act”.
But Dreyfus said there “needs to be a different approach” starting with “a direction to government to make information as widely available as possible”.
A spokesperson for Dreyfus said “the former government trashed FOI, leaving the system in a dysfunctional mess”.
“This government supports Australians’ right to know and is committed to ensuring the FOI Act is operating effectively.
“We will use this inquiry to demonstrate our commitment to that.”
