Freedom of information laws upheld by two men working from home

Australia’s freedom of information watchdog is working from home, after the government’s plans to abolish his role stalled in the Senate.

The Australian information commissioner, John McMillan, told a Senate inquiry on Thursday that he and the freedom of information commissioner, James Popple, had established home offices in what he described as a “slightly more awkward” working environment.

The commissioner’s Canberra office has closed, after the government announced plans to abolish it. Under a bill introduced to parliament, freedom of information (FOI) appeals would go straight to the Administrative Appeals Tribunal (AAT) and complaints would go to the Commonwealth Ombudsman.

But the government did not pass the bill before the sitting year ended. Labor, the Greens and a number of crossbenchers opposed the abolition of the office, arguing it performs important oversight roles in ensuring access to government information.

McMillan told the inquiry: “We’ve implemented the budget announcement but we’re also dealing with the reality that the office continues in existence and we have functions particularly under the FOI act that must still be discharged.”

When asked whether he was able to discharge his duties working from his home in Canberra he said “In an age of technology it’s possible. There are clearly issues about consultation.”

He said his office was in discussions with the Attorney-General’s Department to discuss future options.

The watchdog now has only a Sydney office, which is performing mainly privacy-related functions. As part of the arrangements proposed by the government, the privacy commissioner, Timothy Pilgrim, would retain his role but would instead become part of the Australian Human Rights Commission.

Many of the FOI functions of the Office of the Australian Information Commissioner (OAIC) have in practice been transferred to other agencies. The Commonwealth Ombudsman is now hearing complaints, while the OAIC is giving those applying for a review of an FOI decision the opportunity to appeal to the tribunal.

The abolition of the OAIC has been criticised by news organisations, advocacy groups and the Australian Human Rights Commission.

The removal of the FOI functions will force applicants to pay an $800 filing fee to have matters heard at the tribunal, seen as a major barrier to resolving disputes with government agencies.

The president of the Australian Human Rights Commission, Gillian Triggs, has also described parts of the reforms as unworkable, because the privacy commissioner would not be subject to the same budgetary requirements as other human rights commissioners.