Pirate Party Australia has made a submission to the Attorney-General’s Department regarding the effectiveness of the Freedom of Information Act 1982.[1]

In its submission the Pirate Party calls for an end to blanket exemptions for intelligence agencies like ASIO, encouraging the application of the FOI framework to all government organisations and agencies. The submission refers to several cases involving the Party’s own freedom of information requests, notably the lack of success in bringing transparency to meetings between the Attorney-General’s Department and industry regarding file-sharing, and the refusal to release draft national security legislation which has been appealed to the Office of the Australian Information Commissioner.

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Having been refused access to draft national security legislation and preparatory texts, Pirate Party Australia has appealed to the Australian Office of the Information Commissioner for a review of the decisions of the Attorney General’s Department in the hope of gaining access to the documents.[1]

“After what was a disgraceful decision by the bureaucrats at the Attorney General’s Department to suppress these documents, we have now elected to appeal to the Information Commissioner so that we might finally come to understand the position of the Attorney General’s Department, and the advice they have received thus far,” said Rodney Serkowski, speaking for Pirate Party Australia.

“Whilst we have seen improvements in Freedom of Information laws in this country, there is still vast room for improvement, with the culture of secrecy still permeating throughout the public service. Processes and information that should be publicly available, are being suppressed for political reasons and to inhibit meaningful scrutiny and participation by non-governmental organisations and civil society,” Mr Serkowski.

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The Attorney General’s Department has rejected a Freedom of Information request made by Pirate Party Australia treasurer Rodney Serkowski regarding draft national security legislation that was prepared in 2010 by that department[1].

“This is a disgraceful and troubling response from the Attorney-General’s Department,” Mr Serkowski commented. “They have completed draft legislation, prior to any transparent or consultative process, and are now denying access to that legislation, for reasons that are highly dubious and obviously politically motivated. The Department is completely trashing any semblance or notion of transparency or participative democratic process of policy development.”

“Where the legislative proposals almost certainly mean the complete erosion of fundamental freedoms like privacy, it is in the public interest that we are able to access the text of such proposals so as to properly inform public debate. We want transparent government and private citizens, not the opposite.”

Pirate Party Australia will appeal the decision of the Department to the Office of the Australian Information Commissioner (OAIC) seeking to have the draft legislation and prepatory texts released.

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In what Crikey’s Bernard Keane has rightfully called an “government wishlist of new surveillance powers”[1], the Joint Parliamentary Committee on Intelligence and Security (JPCIS) has asked for submissions on the Attorney-General’s Department’s discussion paper ‘Equipping Australia Against Emerging and Evolving Threats.'[2]

The discussion paper suggests “a massive expansion of intelligence-gathering powers including data retention, the surveillance of Twitter accounts, forcing people to give up computer passwords, ASIO stop-and-search powers, government authority to direct telecommunications companies about infrastructure and the power for ASIO to plant or destroy information on computers.”[1]

Given the gravity, complexity and sheer volume of proposals and implications arising from the proposals, the window of a mere month for public comment and submissions to the Inquiry is far too small for any meaningful or considered response to the Terms of Reference.

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Pirate Party Australia are furious at the Attorney-General Nicola Roxon, who has recently announced plans for legislation that would make the spending of public money by parliamentarians totally exempt from Freedom of Information applications.

In a move that would further remove politicians and government departments from any form of accountability, is considering a bill that would deny access to the expenditure of MPs. 

This comes after the disclosure of Speaker Peter Slipper’s expenditure under the Freedom of Information Act[1]. The Attorney-General announced that the Government considered the disclosure of Slipper’s expenses to be an “anomaly”.

“It is typical of our representatives to propose undemocratic legislation that hides their own incompetence and regular abuse of public money,” said Brendan Molloy, Party Secretary. “A Government who would limit the availability of information to the Information Commissioner is a Government with something to hide, and we won’t stand for it.”

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