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A matter of balance?: freedom of information and deliberative documents

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thesis
posted on 29.03.2022, 03:25 by Danielle Moon
The elevation of access to government-held information to the status of a human right has driven a pro-disclosure discourse around freedom of information law. However, rights of access do not exist in a vacuum and must be balanced against the need to protect competing rights and interests. The true purpose of Freedom of Information law, therefore, is not to promote disclosure but to promote the greatest possible disclosure that is consistent with the protection of competing rights and interests. Taking this as a starting point, this thesis examines a number of amendments that were made to the Freedom of Information Act 1982 in 2009-10 and considers their impact upon the disclosure of deliberative documents. It concludes that in some areas - the addition of a new objects clause and some changes to the public interest test - the legislation promotes disclosure to a greater extent than is consistent with the protection of competing rights and interests. However, in other areas - the abolition of conclusive certificates and the reduction of fees and other procedural barriers to access - it is not clear that the changes to the legislation promote disclosure to the greatest extent possible consistent with the protection of other rights and interests.

History

Alternative Title

Freedom of information and deliberative documents.

Table of Contents

1. Introduction -- 2. Method -- 3. Background -- 4. The rise of transparency -- 5. The objects of the legislation -- 6. The exemption for deliberative documents and the public interest test -- 7. Conclusive certificates -- 8. Practical refusal and fees -- 9. Conclusion.

Notes

Spine title: Freedom of information and deliberative documents. Theoretical thesis. Bibliography: pages 67-75

Awarding Institution

Macquarie University

Degree Type

Thesis MRes

Degree

MRes, Macquarie University, Faculty of Arts, Macquarie Law School

Department, Centre or School

Macquarie Law School

Year of Award

2015

Principal Supervisor

Carolyn Adams

Rights

Copyright Danielle Moon 2015. Copyright disclaimer: http://www.copyright.mq.edu.au

Language

English

Jurisdiction

Australia

Extent

1 online resource (75 pages)

Former Identifiers

mq:44437 http://hdl.handle.net/1959.14/1069254