Freedom of Information under threat
A ruling by the Federal Court has been attacked as a blow to freedom of information, by the Australian newspaper and The Democrats. The court found that any minister could restrict access to information by issuing a so-called “conclusive certificate”. The case was prompted by the Australian newspaper after it was denied access to treasury documents relating to taxation. Although the decision to deny access to information may be reviewed by the Administrative Appeals Tribunal the court made it clear that a “conclusive certificate” could only be overturned where it was based on “irrational or absurd” reasons. This means that a Minister can refuse to release information without offering good reasons. Tristan Burt spoke to Democrats Senator, Andrew Murray about the reasons for the decision of the Federal Court and its implications for free access to information in Australia.