Secrecy laws, and the prosecution of public servants for the unauthorised disclosure of Commonwealth information, can sit uneasily with the Australian Government’s commitment to open and accountable government.
The Australian Law Reform Commission report into Commonwealth secrecy laws, Secrecy Laws and Open Government in Australia (ALRC Report 112) tabled in Federal Parliament today, is the result of a 15-month inquiry which identified 506 secrecy provisions in 176 pieces of Commonwealth legislation, including 358 criminal secrecy offences. It sets out a new and principled framework designed to reinforce open and accountable government while ensuring adequate protection for Commonwealth information that should be legitimately kept confidential.
Federal Attorney-General Robert McClelland ordered the review in August 2008 after retired customs officer Allan Kessing was charged with disclosing information without due authorisation.
The Commissioner in charge of the inquiry, now ALRC President, Professor Rosalind Croucher, stated that a key focus of the ALRC report was to “wind back” the use of criminal sanctions, for the unauthorised disclosure of information, including the repeal of s 70 of the Crimes Act 1914, which has attracted consisted criticism over the years. “Criminal sanctions should only be imposed where the unauthorised release of information has caused, or is likely to cause, harm to identified public interests.”
The Final Report makes 61 recommendations for reform and sets out a new and principled framework designed to reinforce open and accountable government while ensuring adequate protection for Commonwealth information that should legitimately be kept confidential.
The ALRC recommends that every Australian Government agency should develop and publish information-handling policies and guidelines to clarify the application of secrecy laws. The ALRC also recommends a role for the proposed new Office of the Information Commissioner to provide independent oversight of the manner in which Australian Government agencies discharge their information-handling responsibilities. Professor Croucher said the ALRC’s report suggested changes that would achieve greater clarity for public servants and others who handle Commonwealth information.
The full report can be viewed at: http://www.alrc.gov.au/inquiries/title/alrc112/index.html