Independent MP Challenges FOI Reforms as Government Shifts Debate from Main Chamber
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The Albanese government’s controversial freedom of information reforms faced sharp criticism from an influential independent MP Tuesday as Attorney-General Michelle Rowland moved the legislation from the House of Representatives main chamber to the lower-profile Federation Chamber, a procedural shift the coalition characterized as an attempt to avoid scrutiny of changes critics say will entrench government secrecy.
Independent Member for Indi Helen Haines told Skynews the Freedom of Information Bill represents “significant government overreach” that will undermine everyday Australians’ ability to access information about government decisions, expressing particular concern about expanded cabinet confidence protections and new application fees that could price out ordinary citizens.
“I think it should be in the main chamber too. There is real concern in my mind about these FOI reforms. I think there’s some significant government overreach here and I think it’s undermining the rights of everyday Australians to access information in a fair and transparent way,” Haines said in a television interview.
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The Attorney-General, Michelle Rowland who represents Greenway in New South Wales, argues the current FOI system has become too cumbersome and can tie up public agencies for months processing requests, with reforms necessary to streamline the process while maintaining transparency. The government says the changes will make the system more efficient and responsive.
However, Haines warned the government’s “sledgehammer” approach goes far beyond necessary adjustments, fundamentally altering the balance between government accountability and operational efficiency in ways that will reduce public access to information.
“There are some legitimate concerns around how our FOI laws work. There is. But the government’s response to this is really to hammer and nail with a sledgehammer,” Haines told interviewer Patricia Karvelas on ABC’s Afternoon Briefing program.
The independent MP identified three specific areas of concern in the legislation: expansion of cabinet and confidence documents that can be withheld from disclosure, elimination of anonymous FOI applications that journalists rely on for investigative reporting, and introduction of application fees that will disadvantage low-income Australians.
“One of my concerns is the expansion of Cabinet and confidence documents, which essentially will mean that many pieces of information that formerly a person could get access to, they won’t be able to,” Haines explained.
The cabinet confidence expansion represents perhaps the most significant change in the bill, potentially allowing governments to classify a broader range of documents as cabinet-in-confidence and therefore exempt from FOI disclosure. Critics argue this could enable governments to shield sensitive political decisions from public scrutiny by routing them through cabinet processes.
“There are problems around wiping out anonymity. That will be difficult for journalists, particularly investigative journalists,” Haines continued, noting that journalists currently can file FOI requests without revealing their identity, protecting them from potential government retaliation or pressure.
The charging provision drew particular criticism from Haines, who warned it would create a two-tier system where wealthy Australians can access government information while ordinary citizens cannot afford to exercise their democratic rights.
“There are issues around charging people to make applications to FOI. That’s going to wipe out some people who can’t afford it. I think there are ways to reform our FOI laws without taking this very, very heavy-headed approach that the government are engaging in, and that’s why it is important to debate this in the main chamber,” Haines said.
Shadow Cabinet Secretary Andrew Wallace, the Liberal Member for Fisher in Queensland, told Sky News the procedural shift to the Federation Chamber reflects the government’s broader pattern of avoiding accountability on controversial legislation.
“The House of Representatives is the preeminent debating chamber in the country, and the Labor Party are continuing with their philosophy and policies of trying to not be held to account,” Wallace said in an interview.
“This Freedom of Information Bill will ensure that the Labor Party get a free ride when it comes to people wanting information from their government. We think that’s a travesty. We think that the FOI people have the right to know what their government is doing and how they’re making decisions,” Wallace continued.
He argued the FOI changes would make the government “much less accountable” at precisely the time when transparency and openness should be strengthened following years of pandemic-era emergency powers and expanded government intervention in the economy.
The coalition has not yet outlined specific amendments it will propose to the legislation, though Wallace indicated the opposition would vigorously contest the bill in both the Federation Chamber debate and potentially in the Senate where the government lacks a majority and must negotiate with crossbench senators to pass legislation.
Haines, as an influential crossbencher who often holds the balance of power on close votes, suggested she remains open to supporting amended legislation but cannot back the current version without substantial changes addressing her transparency concerns.
“I think there are ways to reform our FOI laws without taking this very, very heavy-headed approach that the government are engaging in,” she said, leaving open the possibility of compromise if the government agrees to narrow the scope of cabinet document exemptions, preserve anonymous applications for journalists, and remove or reduce application fees.
The Freedom of Information Act, originally passed in 1982 and substantially reformed in 2010, established Australians’ legal right to access government documents subject to specific exemptions for national security, cabinet deliberations, and other sensitive matters. The act has enabled significant public interest journalism and held governments accountable for controversial decisions across both major parties.
However, successive governments have complained about the system’s inefficiency and the resources required to process requests, particularly when dealing with voluminous document collections or politically motivated “fishing expedition” requests designed to embarrass rather than illuminate.
The Albanese government argues its reforms will modernize the FOI system for the digital age while maintaining appropriate transparency, but critics contend the changes tilt the balance too far toward government secrecy and administrative convenience at the expense of democratic accountability.
Legal and media organizations are closely watching the legislation’s progress, with the Media, Entertainment and Arts Alliance — Australia’s journalists’ union — expressing concerns about provisions eliminating anonymous applications and potentially chilling investigative reporting.
Constitutional law experts note that while Australia lacks a constitutional right to information comparable to freedom of speech protections, the FOI Act has served as a crucial accountability mechanism enabling citizens and journalists to scrutinize government decisions and expose wrongdoing.
The Federation Chamber debate will proceed over coming weeks, with the legislation then moving to the Senate where crossbench senators including Haines will have significant leverage to demand amendments as a condition of their support.
Haines declined to specify whether she would ultimately support or oppose the legislation, saying her position depends on whether the government accepts amendments addressing her core concerns about cabinet document expansion, journalist protections, and application fees.
“I think it should be in the main chamber,” she reiterated, emphasizing her view that legislation affecting fundamental democratic rights deserves full parliamentary scrutiny rather than being relegated to a secondary chamber where media and public attention is typically lower.
The procedural battle over where the FOI debate occurs reflects broader tensions about parliamentary process and government accountability, with opposition and crossbench members increasingly frustrated by what they characterize as the Albanese government’s tendency to minimize scrutiny of controversial legislation.
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