Information Law Insights

08 April 2009

Welcome to theApril edition of Information Law Insights, in which we'll look at the package of FOI reforms released by the Federal Government. What will be the possible implications?

We'll also look at:

  • the decision of the Full Federal Court in Fisse v Secretary, Department of Treasury. Does it answer all our questions about the cabinet document exemption under the FOI Act?
  • the potential for conflict between freedom of information legislation promoting openness and transparency, and legislation protecting privacy; and
  • the Privacy Commissioner'sviews on harmonising State and Territory privacy laws with Federal legislation.

Finally, we'll round up the latest FOI and privacy cases.

Restoring trust and integrity - What the FOI reforms will mean for Federal Government agencies

By Caroline Bush and Avinesh Chand.

Caroline Bush and Avinesh Chand outline the basic elements of five of the key reforms proposed in the Federal Government's draft FOI reform package.

Cabinet documents and FOI: The Full Federal Court decides

By Avinesh Chand and Alice Linacre.

Cabinet documents are exempted from FOI requests - but what are they? And how do you prove it? The Full Federal Court's decision in Fisse offers some (but not all) of the answers to the cabinet document exemption as it currently exists, as Avinesh Chand and Alice Linacre explain.

Privacy v freedom of information: inherently incompatible?

By Jan Cumming.

Promoting open and transparent government can sometimes conflict with the protection of an individual's privacy. Jan Cumming discusses a recent New Zealand case which offers some guidance on resolving the conflict.

FYI - FOI and privacy case notes

By Avinesh Chand.

Avinesh Chand rounds up the latest in FOI.

A step closer to uniform privacy laws?

By Alison Tibell.

The Commonwealth Office of the Privacy Commissioner has set out its views on how best to harmonise State and Territory privacy laws with Federal legislation. Alison Tibell looks at the main proposals.
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