No controversy, please. We are the Aussie Government!
The proposed changes in the Albanian government’s Freedom Freedom Laws will reject access to any document of the government, which includes the debate. Foi Guru Rex Patrick explains.
How fearless is the advice that the author is afraid of seeing the public?
In the current Freedom of Information (FOI) Law, the sections of a document can be corrected if content explains the issue of negotiation; So recommendations, recommendations and consultations. It is a regular exemption in response to document requests.
However, exemption is conditional. Even if the material is deliberate in nature, doing so should be presented to the public unless it is contrary to the public interest.
While trying to support the idea that the release of the deliberate material would be contrary to the public interest, the departments regularly raise the ‘creepy effect’ that the statement will have on the advice of public officials.
Excuses, Excuses (Source: FOI)
Isn’t there a shrinking violet?
The problem with the arguments used by FOI decision makers is that ‘discovery’ is not allowed in Commonwealth Public Service.
Chapter 10 of the Public Service Law is that public officials can give professional, reliable, open and account.
The recommendation is based on honest, honest, timely and is based on the best evidence.
There is no scope for the separation of the authorities from this – doing this violates the law and is subject to disciplinary punishment or dismissal.
APS Values (Source: Federal Legislation Record)
In a recent appeal (Rex Patrick and Secretary, Climate Change Department, Energy, Environment and Water), the Administrative Investigation Court gave a boat on the back of the back, indicating that they should always give the best advice to public service; Always. In his decision, he made his doctorate in administrative law. Nicholas Manetta, as well as other things said:
“The FOI law was adopted in 1982 more than forty years ago.
“I do not accept the general pioneer [a senior public servant’s] contention; In other words, public officials in the defendant department are waiting for a confidentiality atmosphere regarding their preliminary recommendations and the minister’s reports. “
He continued as follows:
“On the contrary, I believe that public officials should at least be based on the Foi Law at least.
It may require the disclosure of the department work in a preliminary or other way.
He then returned to how a senior manager should be able to deal with an official who could want to advise him in the face of the possibility of disclosure under the foI;
“If there is a risk of determination of the type [a senior public servant]It seems to have a relatively simple way to address this; In other words, with the reinforcement of APS values within the agency (official direction or other way). “
A gain for transparency, a blow to privacy, a loss for Maugan skate
Privacy Movement
In order to overthrow this decision and to prevent government advice by the public, Prime Minister Anthony wants to introduce the following to the FOI Law:
“If the document is conditionally exempted in accordance with the section 47C (intentional processes), the factors against access to the document for the public interest are the factors that may be included in the document or a reasonable way to wait for the document.
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- During these processes or during these processes or for their purposes, openly or on time of open or timely exchange of opinions between the participants to the deliberate processes of the provisions for counseling or negotiation;
- to take into account an agency or minister or to take into account or provide a timely advice after providing this advice or this advice;
- A government prejudices the regular and effective behavior of the decision -making process. “
Although the law does not allow public officials to support their recommendations, Albania wants to reject the access to information that the public should have the right to see; Due to its nature, recommendations are given to ministers who will affect the lives of citizens.
The proposed new law of such a badly thoughtful provision does not prevent other ‘creepy’ statements.
Parliament (especially Senate) may request advice, courts may ask advice, and general auditor may request advice. Therefore, the purpose of the law is to support the confidence of public officials’ confidence that the recommendations of the law will remain special to the ministers.
Hide the discussion
The real motive of this change is to prohibit the public from seeing what is behind the curtains of government offices. Privacy for the sake of privacy.
And the ‘creepy’ excuse they want to use to protect their fearful advice
The advice will have the greatest weight when it is controversial.
The new provision in the bill is designed to ensure that nothing is undisputed. How is this for the open and transparent government?
Price is wrong
Briefings or applications sent to a minister are concluded and cleaned by very high -level personnel in senior manager service (audio). They are paid very well.
Ministry of ministry short login example
A sound band 1, 166 thousand dollars and 362 thousand dollars, a sound band 2 218 thousand to 418 thousand dollars and a sound band 3 293 thousand dollars to 468 thousand dollars.
And for these salaries, Anthony Arbanese thinks it is appropriate to support his advice.
NO RECOMMENDATION
As a result, the advice that a public official should not act in order not to allow the public to see the public. However, the public’s advice review is not a standard that Albanian wants to do something.
Trust to the government is at the lowest level of all time. This change proposed by Albanians will place thicker curtains in the windows of government and ministry offices to erode more confidence.
Albanian is right. FOI Amendment Law is better; Better for the government, but not for people.
Albanian went to the 2022 election, which promised more transparency; Nevertheless, reforms brought new obstacles to people who want to know what their governments are doing. There is a word that explains this: hypocrisy.
Dangerous expansion of Albo’s cabinet privacy
