Australia’s information watchdog has a “limited capacity” to conduct investigations into how government agencies respond to requests for information, raising further concerns about the dismantling of the organisation.
The Office of the Australian Information Commissioner (OAIC) will be abolished as part of the federal government's budget announcements, with its core functions split across several different bodies.
In April Labor senator Joe Ludwig wrote to the commissioner requesting an investigation into the immigration department over its handling of a freedom of information request that relied on a controversial public immunity claim by the immigration minister, Scott Morrison, to refuse access to documents.
But the information commissioner, John McMillan, declined to investigate the request, saying the case could be “resolved without the need to examine some of the broader concerns” expressed by Ludwig. But he also said the OAIC now had a reduced ability to conduct investigations.
“You will be aware that the OAIC will now have limited capacity to undertake own-motion investigations following the government’s budget announcement that legislation will be introduced this year to disband the OAIC,” he wrote.
The letter raises further concerns about oversight of freedom of information across the federal government. In Senate estimates hearings last week it was revealed that the job of fielding freedom of information complaints is proposed to be transferred to the commonwealth ombudsman without any consultation or extra funding.
McMillan has previously told Guardian Australia he believes some government agencies were “gaming the system” on freedom of information requests.
Ludwig said the government was “tearing away at transparency and accountability”.
“The information commissioner has been cut off at the knees by the Abbott government and it is increasingly unable to do the most basic of functions,” he said.
“When it comes to FOI the government only wants to play hardball and hide its broken promises.”
Under the new plans, complaints will be fielded by the ombudsman, the privacy commissioner will become part of the Human Rights Commission and freedom of information appeals will be heard in the administrative appeals tribunal.
