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31 U. Tas. L. Rev. 58 (2012)
Freedom of Information Reform: Does the New Public Interest Test for Conditionally Exempt Documents Signal the Death of the Howard Factors

handle is hein.journals/utasman31 and id is 64 raw text is: Freedom of Information Reform: Does the New Public Interest Test for Conditionally Exempt Documents Signal the Death of 'the Howard Factors'? SIMON MURRAY* Abstract The amendments to the Freedom of Information Act 1982 (Cth) ('the Act') implemented by the Freedom of Information Amendment (Reform) Act 2010 (Cth), including setting out pro-disclosure objectives of the Act more clearly and giving greater clarity to the public interest test by shifting the balance in favour of disclosure go a significant way towards addressing previously identified shortcomings in the Act. This article examines changes to the exemption provisions in Part IV of the Act with a particular focus on the deliberative processes conditional exemption and the factors that can be taken into account when seeking to claim it. Of the five 'Howard factors' set out in Re Howard and the Treasurer' that were previously relevant to making decisions about where the balance of public interest lies in determining whether documents should be released, two have been eliminated in their entirety while another two appear to have been significantly curtailed. The Howard factor associated with the policy development functions of an agency remains relevant and will likely continue to be applied. I INTRODUCTION The Australian Law Reform Commission and Administrative Review Council have stated that: Without information people cannot adequately exercise their rights and responsibilities as citizens or make informed choices. Government information is a national resource. Its availability and dissemination are important for the economic and social well-being of society generally.2 * BA, LLB (Hons), Senior Legal Officer, General Counsel Unit, Australian Taxation Office. The views expressed in this article are those of the author and not those of the Australian Taxation Office. (1985) 7 ALD 626. 2 Australian Law Reform Commission, Open Government: A Review of the Federal Freedom of Information Act 1982, Report No 77 (1995); Administrative Review Council, Report No 40 (1995) 12. O Law School, University of Tasmania 2012

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