Information equity Fact Sheet - updated May 2010
Information equity means equitable access to all forms and levels of information. The relevant legislation is under reform with theInformation Commissioner Bill (2009) and the Freedom of Information Amendment (Reform) Bill (2009) progressing through parliament at the moment.
Equal Access to Information:
The Internet and its utilisation as an information tool facilitate major changes in the ways we communicate with one another, organise our communities and conduct business. While the Internet and other technological advances promise access to a world of information, if the rapid technological changes and policy responses to those changes are mishandled Australia may see the development of entrenched information poverty. Members of the community who are information poor lack the equipment, channels, training or supply of information resources upon which life as a citizen and a consumer depends. However, human rights commitments made by Australian governments under various international agreements require that signatories ensure equal access and treatment in public services and programs and ensure these rights without any discrimination.
While both Federal and Victorian Governments have been encouraging Australians to go online, not all Australians are able to access or use the new information technologies, and those with disabilities may find it even more difficult. Recent research by the National Centre for Social and Economic Modelling (NATSEM) in a collaborative project with ACOSS and Communications Law Centre found that the Internet take-up rate for high income households is 3.2 times that for low income households.
A snapshot of Internet Activity in Australia and the World Wide Web:
8153.0 - Internet Activity, Australia, Dec 2009 Australian Bureau of Statistics
- At the end of December 2009, there were 9.1 million active internet subscribers in Australia.
8146.0 - Household Use of Information Technology, Australia, 2008-09 Australian Bureau of Statistics
- Over two-thirds of Australian households now have broadband access.
Trends in the Evolution of the Public Web 1998-2002
- The 2003 paper Trends in the Evolution of the Public Web 1998-2002 by Edward O'Neill, Brian Lavoie & Rick Bennett suggested that the publicly-accessible web, as of June 2002, contained 3,080,000 sites, an estimated 35% of the overall web. Growth had continued to slow since 2001.
Changes to Freedom of Information Legislation
Freedom of Information Legislation is currently under reform. The Australian Government announced as part of its 2007 election policies that it would reform the Freedom of Information Act 1982 (Cth) with the principal objects of promoting a pro-disclosure culture across the Government and building a stronger foundation for more openness in government. The Information Commissioner Bill (2009) and the Freedom of Information Amendment (Reform) Bill (2009) were referred to the Senate Finance and Public Administration Committee for inquiry, who stated that they should be passed as soon as possible.
Summary (Changes to Freedom of Information Legislation):
- The system will be weighted towards disclosure and the right of access to documents will be as comprehensive as possible, unless there is a stronger public interest in refusing access.
- There will be an Office of the Information Commissioner, who will be a strong advocate for disclosure within government.
- The Information Commissioner will provide advice to government on information policy and will act as a review body.
- There will also be a removal of fees.
- The legislative reform will also see the introduction of public interest disclosure legislation to ensure that whistleblowers will be justifiably protected where they disclose serious concerns as to corruption, misconduct, mismanagement or public safety.
The Freedom of Information Amendment (Reform) Bill (2009) amends the Freedom of Information Act 1982 to:
- establish a statutory framework for a publication scheme for certain Commonwealth agencies
- remove fees for applications for information
- enable the Information Commissioner to extend time periods for processing requests in certain cases
- provide for consultation processes when responding to onerous requests
- provide that documents held by certain contracted service providers are subject to the Act
- limit access to certain intelligence agency information and documents of the Department of Defence.
- Reduce open access periods for certain Commonwealth records
- Provide that the Information Commissioner has a merits review and an investigatory function, the power to declare a person to be a vexatious applicant
The Information Commissioner Bill (2009) amends the Freedom of Information Act 1982 (Cth) to:
- Provide for the appointment functions and powers of the new statutory positions of Information Commissioner, Freedom of Information Commissioner and Privacy Commissioner.
- Establish the Information Advisory Committee
- Impose a penalty for unauthorised disclosure of information
- Require the Information Commissioner to prepare an annual report
Proposed changes to FOI fees and charges
- No application fees for access requests
- No charges will apply to applicants seeking their own personal information
- For all other applications, the first hour of decision-making time will be free (except for journalists and not-for-profit community groups where the first five hours of decision making time will be free)
- Applications not decided within the statutory time frame will be processed free of charge
Legislation:
Commonwealth:
- Freedom of Information Act 1982 No. 3 (CTH)
- http://www.austlii.edu.au/au/legis/cth/num_act/foia1982222/
- FREEDOM OF INFORMATION (REMOVAL OF CONCLUSIVE CERTIFICATES AND OTHER MEASURES) ACT 2009 (NO. 99, 2009) repealed the power to issue conclusive certificates in the Freedom of Information Act and the Archives Act 1983
http://www.austlii.edu.au/au/legis/cth/num_act/foioccaoma2009709/ - FREEDOM OF INFORMATION AMENDMENT ACT 1983
http://www.austlii.edu.au/au/legis/cth/num_act/foiaa1983302/ - FREEDOM OF INFORMATION AMENDMENT ACT 1991
http://www.austlii.edu.au/au/legis/cth/num_act/foiaa1991302/ - FREEDOM OF INFORMATION LAWS AMENDMENT ACT 1986
http://www.austlii.edu.au/au/legis/cth/num_act/foilaa1986353/
- FREEDOM OF INFORMATION (REMOVAL OF CONCLUSIVE CERTIFICATES AND OTHER MEASURES) ACT 2009 (NO. 99, 2009) repealed the power to issue conclusive certificates in the Freedom of Information Act and the Archives Act 1983
Australian Capital Territory:
- Freedom of Information Act 1989 No. 46 (ACT)
http://www.austlii.edu.au/au/legis/act/consol_act/foia1989222/- FREEDOM OF INFORMATION (AMENDMENT) ACT (NO 4 OF 1992)
http://www.austlii.edu.au/au/legis/act/num_act/foia4o1992348/ - FREEDOM OF INFORMATION (AMENDMENT) ACT 1996 (NO 30 OF 1996)
http://www.austlii.edu.au/au/legis/act/num_act/foia199630o1996348/ - FREEDOM OF INFORMATION AMENDMENT ACT 2007 (NO 5 OF 2007)
http://www.austlii.edu.au/au/legis/act/num_act/foiaa20075o2007348/ - FREEDOM OF INFORMATION AMENDMENT ACT 2009 (NO 2 OF 2009)
http://www.austlii.edu.au/au/legis/act/num_act/foiaa20092o2009348/
- FREEDOM OF INFORMATION (AMENDMENT) ACT (NO 4 OF 1992)
New South Wales:
- Freedom of Information Act 1989 No. 5 (NSW)
- http://www.austlii.edu.au/au/legis/nsw/consol_act/foia1989222/
Queensland:
- Freedom of Information Act 1992 No. 42 (QLD)
- FREEDOM OF INFORMATION AMENDMENT ACT 2004 No. 22 - SECT 3
http://www.austlii.edu.au/au/legis/qld/num_act/foiaa2004n22329/s3.html - FREEDOM OF INFORMATION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 28
http://www.austlii.edu.au/au/legis/qld/num_act/foiaolaa2005n28518/
- FREEDOM OF INFORMATION AMENDMENT ACT 2004 No. 22 - SECT 3
South Australia:
- Freedom of Information Act 1991 No. 20 (SA)
- http://www.austlii.edu.au/au/legis/sa/consol_act/foia1991222/
- FREEDOM OF INFORMATION (MISCELLANEOUS) AMENDMENT ACT 2004 (NO 16 OF 2004)
http://www.austlii.edu.au/au/legis/sa/num_act/foiaa200416o2004483/
- FREEDOM OF INFORMATION (MISCELLANEOUS) AMENDMENT ACT 2004 (NO 16 OF 2004)
Tasmania:
- Freedom of Information Act 1991 No. 22 (TAS)
- http://www.austlii.edu.au/au/legis/tas/consol_act/foia1991222/
- FREEDOM OF INFORMATION AMENDMENT ACT 2001 (NO. 52 OF 2001)
http://www.austlii.edu.au/au/legis/tas/num_act/foiaa200152o2001348/ - FREEDOM OF INFORMATION AMENDMENT (CABINET EXEMPTIONS) ACT 1999 (NO. 52 OF 1999)
http://www.austlii.edu.au/au/legis/tas/num_act/foiaea199952o1999525/
- FREEDOM OF INFORMATION AMENDMENT ACT 2001 (NO. 52 OF 2001)
Victoria:
- Freedom of Information Act 1982 No. 9859 (VIC)
- http://www.austlii.edu.au/au/legis/vic/consol_act/foia1982222/
Western Australia:
- Freedom of Information Act 1992 No. 76 (WA)
http://www.austlii.edu.au/au/legis/wa/consol_act/foia1992222/- FREEDOM OF INFORMATION AMENDMENT ACT 2004 (NO. 56 OF 2004)
http://www.austlii.edu.au/au/legis/wa/num_act/foiaa200456o2004348/
- FREEDOM OF INFORMATION AMENDMENT ACT 2004 (NO. 56 OF 2004)
Resources:
- Caslon Analytics: Digital Divides (Australia)
http://www.caslon.com.au/dividesprofile6.htm - Calson Analytics Metrics & Statistics
http://www.caslon.com.au/metricsguide.htm - Connecting Victoria
http://www.egov.vic.gov.au/pdfs/connvic3.pdf - Multimedia Victoria
http://www.mmv.vic.gov.au/Home
Links: (Already online)
Suggested links: (Not already on Website)
- Media access Australia
http://www.mediaaccess.org.au/ - Future technology trends.
http://www.fahcsia.gov.au/sa/gamblingdrugs/pubs/review_trends/Documents/chap6.htm - Internet world stats.
http://www.internetworldstats.com/links10.htm - Digital divide initiatives in the developing world.
http://www.caslon.com.au/dividesprofile13.htm - Bridging the Digital Divide: Utilising technology to promote social connectedness and civic engagement amongst marginalised young people
http://www.cbonline.org.au/3cmedia/3c_issue4/metcalf.pdf
Latest Resources: (Potential Links)
- Raising secrecy to an art form (Information Equity)
- The New Zealand Model - The Official Information Act 1982 (Information Equity)
http://www.humanrightsinitiative.org/programs/ai/rti/international/laws_papers/newzealand/the%20new%20zealand%20model%20-%20the%20official%20informatin%20act%201982.pdf
- The New Zealand Model - The Official Information Act 1982 (Information Equity)
- Three Challenges to Open Government (Information Equity)
- FOI Review Processes (Information Equity)
http://www.dpmc.gov.au/consultation/foi_reform/docs/Companion_Guide.pdf
- FOI Review Processes (Information Equity)
- Community Right to Know and FOI in Chemical Management (Information Equity)
