Introduction
The Freedom of Information Act of 1999 (FOIA) was assented to on
November 4, 1999. It came into effect on February 20, 2001.
The Act is designed in support of the following tenets of governance:
Transparency
The public is entitled to a clear understanding of the work
of all public
authorities. These authorities must accept that the public
that employs them is entitled to be kept informed about the
work that they do, and to be given access to their records.
Accountability
Greater transparency in the conduct of state affairs is directly
linked to increased accountability by public authorities and
their employees - to each other and their other stakeholders.
Once the right of the public to scrutinize the operations
of public employees is enforceable, such officers may become
more conscious of their intended role, and of the implications
of their working practices and output.
Equality of Access
All persons are equally entitled to information about the
conduct of state affairs. This right "to equality of
treatment from any public authority in the exercise of any
functions" is constitutionally guaranteed (Section 4
(d)). A guarantee of the right to access may also reduce feelings
of powerlessness in the face of bureaucratic anonymity.
Empowerment and Increased Participation
The Freedom of Information Act extends the opportunity for
greater public input in policy creation at all levels of government.
Members of the public must accept responsibility for seeking
out information. Once acquired, such data can provide insight
into, and lay the groundwork for challenge and other meaningful
responses to, government's operations. |
The FOIA extends to all members of the public the right to seek
access to information about or in the possession of public authorities.
The Act is designed to achieve this object in two ways. First, Sections
7, 8 and 9 require that information about the structure and operations
of public authorities, their policies, rules and practices, and
the documents in their possession, be published. Then, through Part
III, the Act creates a right of access, with some exemptions, to
official documents held by public authorities.
Additional rights are also conferred through the FOIA. These include
the right of an individual to request corrections to personal information
held by a public authority; the right to be advised of reasons for
refusals of FOIA requests; and the right to challenge such decisions,
by complaint to the Ombudsman
or through application for judicial review.
While the FOIA seeks to facilitate access to official documents
held by a public authority, it also recognises the confidential
nature of some types of material, and identifies certain exempt
categories. Nonetheless, a public authority must make exempt documents
available if it has assessed that the public
interest would be served by their release.
Towards ensuring the availability of information held by public
authorities, the Act requires that each authority retain all records
related to its own functions and all official documents that it
has created or come to possess since the FOIA came into effect.
Criminal liability is attached to the wilful destruction of such
records or documents. The Minister responsible to Parliament for the operation of the
Act, and for overseeing its implementation, is the Minister of Government
who holds the information portfolio. The FOIA requires that this
Minister prepare and present to Parliament an annual report on the
operation of the Act. The Freedom of Information Unit, established
to monitor the operation of the Act and support its implementation,
is responsible for collating and assessing the data that will form
the basis of this Annual Report. |
