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Rising FOI delays and refusals ‘leaving the public in the dark’, new report warns
Christopher Knaus
A new report reveals a continuing deterioration of Australia’s freedom of information system, which is suffering from increasing delays and refusals to release government documents.
The Centre for Public Integrity released a report this morning analysing publicly available data on the FOI system. It shows the number of FOI requests that have taken longer than the lawful 30-day time limit has increased from 11.5% in 2011-12 to 22.5% in 2021-22.
The number of FOI requests being refused has increased from 11.5% to 22.5% over the same period.
The number of FOI requests granted in full has dropped from 59.1% to 41.1% in the decade.
In a statement issued by the Centre for Public Integrity, barrister Bret Walker SC said the desire for secrecy had gone “beyond acceptable limits on the part of governments in this country”.
He said:
The supposed benefits of freedom of information legislation have nearly been destroyed by recalcitrant administrators and counterproductive exemptions.
Geoffrey Watson, barrister and Centre for Public Integrity director, said the system was broken.
Delays and refusals to give information are on the rise, leaving the public in the dark about important government business. We need to increase staffing and resourcing of the Information Commissioner, and implement sanctions against officers in contempt of the FOI Act.
Key events
Greens’ Janet Rice says ‘poverty is a political choice’ and Labor must scrap stage three tax cuts
The Greens senator Janet Rice has responded to the indexation increases, in the context of the government not moving on raising the jobseeker rate this year:
Today’s indexation is a less than $2 a day increase for someone on jobseeker. This doesn’t even get payments close to the poverty line, let alone make them enough to live on.
This comes in the same week the RBA is expected to again increase interest rates, making the cost of living even higher, and pushing basic items like food, medicine and rent further out of reach.
Labor is insisting that they need to spend $244bn on tax cuts for billionaires and the ultra-wealthy. This will see people earning over $200k getting an extra $24 a day.
Poverty is a political choice, and this government is choosing to leave people without heating or food as they struggle to pay the rent. Labor must scrap their stage 3 tax cuts for billionaires and the ultra-wealthy and lift income support rates above the poverty line.
Half of Australia’s GDP is generated by industries that rely on nature – report
Michael McGowan
Half of Australia’s gross domestic product is generated by industries with a “moderate to very high” direct dependence on nature, according to a new study that argues for a stronger suite of environment laws to protect the economy.
Co-authored by the Australian Conservation Foundation, the report found $896bn of the country’s economy – or roughly 49% – is dependent on the natural environment.
Using the same modelling as the World Economic Forum’s landmark report that found US$44tn trillion of global GDP is dependent on nature, the report found sectors such as agriculture, forestry, fisheries, food manufacturing and water generate some $293bn per year, or roughly 16% of the country’s economic output.
Others with a moderate or high direct dependence on the natural environment – such as mining, real estate, accommodation and hospitality – contributed $602bn per year, or about 33% of GDP.
“Every Australian business depends on nature, whether they make things out of steel, build houses, grow food or trade stocks,” ACF chief executive Kelly O’Shanassy said.
For some industries the dependency is direct and obvious, but indirectly, there is not a dollar exchanged in the economy that does not depend on nature. Every worker and consumer needs clean air and water, food, their health and a safe climate.
And nature is in trouble, which spells bad news for the economy if we don’t reverse nature destruction and halt the extinction crisis.
The ACF used the report to argue that Australian businesses should consider the risk of the destruction of the natural environment into their practices. It argues businesses not only risk their reputation and financial blowback from damaging the natural environment, but also “material inputs”.
Josh Butler
Pocock says he got ‘lukewarm’ response from Labor on climate bill amendments
ACT senator David Pocock claims he got a “lukewarm” reception from the Labor government when proposing amendments to the climate bill that would bring more transparency to the federal stance on emissions reduction.
Pocock and fellow independent Jacqui Lambie have proposed the Climate Change Authority be obligated to publish the advice and recommendations it gives to the climate change minister, and explain how that fits with latest scientific advice.
Lambie has been upset the government hasn’t responded positively. Pocock said he was disappointed.
The reception has been lukewarm. We’ve been putting forward our case, they’ve made it pretty clear that they feel like they’ve given some amendments in the lower house and they’re keen to see it pass,” he told a doorstop interview in Parliament House this morning.
For me it really is about transparency, integrity and accountability … I’ve said I’m happy to vote for a bill that the target probably isn’t where it needs to be, definitely isn’t where it needs to be, but if that actually has integrity as a starting point and we can ramp it up over time, then it’s a good start.
Pocock admitted he wouldn’t stand in the way of the bill passing, but said it has to be “a target with integrity”.
Welfare recipients to get boost because of indexation to CPI
The increase in social security payments, which are coming into effect on 20 September, have nothing to do with the Labor government and are part of a twice-yearly slated indexation to CPI.
The payments are increasing by more than usual, because inflation is the highest it has been in 30 years and the payments are linked to CPI.
Pensions increase by more than payments such as jobseeker, because they are linked to male total average weekly earnings, a measure which was put in place 40 or so years ago so aged pensioners did not fall too far behind living standards.
That was when the unemployment payment was low but still liveable. Unemployment payments have fallen starkly below the poverty line over the last 25 years, with no government committing to raising it.
Which welfare payments are indexed, and why?
The parliamentary library (a wonderful resource) has written an explainer on what social security payments increase and when:
Why are payments indexed?
Payment rates are indexed to maintain their real value—so they have the same purchasing power as costs of living increase (p. 518). For most payments, this is done by adjusting payments in line with movements in the Consumer Price Index (CPI)—a measure of changes in the price of a fixed basket of goods and services.
Since 2009, pension rates have also been adjusted using a different measure: the Pensioner and Beneficiary Living Cost Index (PBLCI). The 2009 Harmer Pension Review had found the CPI, as a general measure of price changes, did not reflect cost of living changes for certain household categories (pp. 61–63). It recommended the use of an index which measured cost of living changes for pensioner households (p. 54). The PBLCI measures the effect of price changes on the out-of-pocket living expenses experienced by households whose main source of income is government payments.
Pensions are also adjusted to ensure rates do not fall behind community living standards. This is done through a benchmark—a minimum level for pension rates. The benchmark used since the Hawke Government is a percentage of Male Total Average Weekly Earnings (MTAWE).
Pension indexation
Currently, pensions (including the Age Pension, Service Pension, Disability Support Pension and Carer Payment) are adjusted on 20 March and 20 September by the greater of the movements in the CPI or the PBLCI over a six-month period. After this indexation occurs, the combined couple rate is benchmarked to 41.76% of MTAWE. The single rate of pension is set at 66.33% of the combined couple rate (which is equal to around 27.7% of MTAWE). If the combined couple rate is lower than 41.76% of MTAWE, the rates are increased to the benchmark level.
Indexation for other payments
JobSeeker Payment, Parenting Payment Partnered and Special Benefit rates are usually adjusted on 20 March and 20 September each year in line with CPI movements over the preceding six month period.
Youth Allowance and Austudy rates are only adjusted once a year, on 1 January, in line with CPI movements over a 12 month period.
Parenting Payment Single is adjusted in line with CPI movements in the same way as JobSeeker Payment but is also benchmarked to 25% of MTAWE (this was the same benchmark used for pension payments prior to changes in 2009).
(You can find the whole article here – it was written after the Morrison government made the decision to not index payments in 2020.)
Pushing the message on welfare payments
Government MPs have been pushing this message very strongly today, but the “significant increase” is because of indexation – most social security payments are adjusted twice a year based on CPI.
This increase – due to come in on 20 September – is the biggest in 30 years, yes, but that is because inflation is the highest in three decades.
You can see the indexation payments for previous years here.
We know there is a cost-of-living crisis.
That’s why the Albanese Govt is getting to work to support people who are doing it tough.
From 20 Sept, 4.7 million people who are on welfare payments will receive a significant increase, the biggest increase for allowances in 30 years. pic.twitter.com/ma4nAlUmcq
— Clare O’Neil MP (@ClareONeilMP) September 4, 2022
Childcare workers to strike on Wednesday
And a reminder – early childhood educators have a planned strike on Wednesday 7 September, which is Early Childhood Educators Day.
There is a march to parliament which has been planned.
The workers have voted to strike as part of an ongoing campaign on wages and conditions.
Rising FOI delays and refusals ‘leaving the public in the dark’, new report warns
Christopher Knaus
A new report reveals a continuing deterioration of Australia’s freedom of information system, which is suffering from increasing delays and refusals to release government documents.
The Centre for Public Integrity released a report this morning analysing publicly available data on the FOI system. It shows the number of FOI requests that have taken longer than the lawful 30-day time limit has increased from 11.5% in 2011-12 to 22.5% in 2021-22.
The number of FOI requests being refused has increased from 11.5% to 22.5% over the same period.
The number of FOI requests granted in full has dropped from 59.1% to 41.1% in the decade.
In a statement issued by the Centre for Public Integrity, barrister Bret Walker SC said the desire for secrecy had gone “beyond acceptable limits on the part of governments in this country”.
He said:
The supposed benefits of freedom of information legislation have nearly been destroyed by recalcitrant administrators and counterproductive exemptions.
Geoffrey Watson, barrister and Centre for Public Integrity director, said the system was broken.
Delays and refusals to give information are on the rise, leaving the public in the dark about important government business. We need to increase staffing and resourcing of the Information Commissioner, and implement sanctions against officers in contempt of the FOI Act.
The parliament sitting is due to kick off at 10am.
This is the Senate program:
And you can find the House program here
Upper house to vote on Labor’s climate bill this week
The Senate will be keeping itself busy this week with Labor’s climate bill – the one which legislates the 43% target.
It will pass. We know that. The Greens have given (reluctant) support and David Pocock is on board. That’s enough in terms of numbers.
But that doesn’t mean it will be quick. There will be attempts to amend it to make it stronger, include climate triggers and push the government to do more. So it won’t be a tick and flick. But it will eventually pass.
Newspoll shows support for federal Coalition at a historic low
AAP has the latest on the Newspoll:
Support for the federal coalition has fallen to a historic low, according to Newspoll, while the opposition leader, Peter Dutton, has fallen further behind Anthony Albanese as preferred prime minister.
The latest survey for the Australian newspaper has the Coalition’s primary vote down two points to 31%, its equal lowest Newspoll result, while Labor remains at 37%.
Labor’s two-party preferred lead has widened to 57-43 since the previous poll in July.
Albanese remains preferred PM by a wide margin, rising two points to 61%, while Dutton dropped three points to 22%.
The state of Liberal-National support follows weeks of political fallout over former prime minister Scott Morrison’s secret ministerial appointments.
The positive result for the government came as it wrapped up its jobs and skills summit in Canberra, which established dozens of “concrete plans” to tackle Australia’s economic challenges.
Women more likely to belong to a union than men, ABS data shows
The opposition seem to think they have found their latest fight in one of their favourite areas: unions.
The Liberal party didn’t attend the jobs and skills summit (its position was a bit of a mess – it wasn’t going, then it was demanding an invitation, then it wasn’t going, then it was thinking about it before absolutely not going), but it took the news out of the summit – multi-employer bargaining discussions – and decided that was the battleground which would pull it out of political obscurity.
The “union thug” line has already been trotted out pretty strongly.
But the thing is, unions have changed since the 70s. Not only do they not have as much power, because membership has dropped considerably; union members are more likely to be women than men.
The latest ABS statistics on union membership found that of the proportion of employees who were union members, 12.7% were men and 15.9% were women.
So women make up more union membership than men in today’s world.
Senator David Pocock ‘not confident’ territory rights bill will pass upper house
Josh Butler
ACT senator David Pocock has admitted he’s “not confident” the so-called “territory rights” bill around voluntary assisted dying will pass the Senate after it is introduced this week, but said he hopes his colleagues will get behind the push.
A private member’s bill from Labor MPs Luke Gosling and Alicia Payne passed the lower house during the last sitting period. Pocock had campaigned on the issue, planning to introduce his own bill to allow territories to make their own laws on euthanasia, a legislative power they’d been denied for 25 years while every other state made such laws.
Asked whether he was confident the bill would pass, Pocock said: “This is the ninth attempt, so not confident, but really having conversations … clearly, societal attitudes have changed.”
People recognise this is actually about dignity and allowing people who have terminal illness [to have] end of life choices.
Every state has legislated, [it’s] just the territories that haven’t. It’s time to change.
Polling from progressive thinktank The Australia Institute, released this morning, found 78% of Australians support giving territory governments the right to legalise euthanasia. The poll of 1,005 people found just 11% opposed the change.
The polling found 82% of Anglicans and 79% of Catholics supported the change.
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