APRIL 11 2017 - 12:34 PM
ACT government refuses to release transport communications strategies, citing likelihood of public confusion
The ACT government is refusing to release a bus communications strategy it commissioned in 2015, saying the release would create confusion since the government is not following the recommendations.
"I acknowledge that release of the document could promote government accountability and may contribute to debate on a topic that has been a matter of public discussion and interest," communications director Anita Perkins said in her decision to withhold the document.
Transport Minister Meegan Fitzharris: The government has refused to release 2015 transport communications strategies, citing likelihood of public confusion. Photo: Karleen Minney
"On balance I do not consider that its potential benefit outweighs the likely detriment to the public from the inhibition of frankness that is likely to flow from the disclosure.
"Release of the document is also likely to be misleading and create confusion as the opinions and recommendations it contains do not reflect the current government position.
A model of Canberra's light rail. Photo: Jeffrey Chan
"I consider that release of the document would subsequently affect the ability of the territory to achieve the best possible outcome for the delivery of policy for future public transport."
Ms Perkins has judged the bus strategy an "internal working document" and as such exempt from release under freedom of information laws. The law allows internal working documents to be withheld but only if it would be contrary to the public interest to release them. It also says the internal working document exemption can't be applied because of "purely factual material". And it can't be used to withhold reports of scientific or technical experts.
Ms Perkins has also refused to release a second document commissioned in 2015, the ACT Public Transport Communications Strategy, dated two months later than the Public Bus Transport Communications Strategy. That document, she said, was prepared for cabinet and therefore exempt from public release.
Both strategies were written by Melbourne-based consultancy, the Civic Group.
It is unclear whether these are the kinds of documents that will also be able to be kept secret under the new freedom of information regime. The new legislation, passed last year and likely to take effect on January 1 2018, will still allow the government and bureaucracy to withhold information if releasing it would "prejudice an agency's ability to obtain confidential information" or "prejudice a deliberative process of government". It also keeps secret "information created for the purpose of consideration by cabinet" if releasing the information would "prejudice the collective responsibility of cabinet".
But the legislation also says that information should be released if releasing it would, among other things, "promote open discussion of public affairs and enhance the government's accountability", "contribute to positive and informed debate on important issues or matters of public interest", or "reveal the reason for a government decision and any background or contextual information that informed the decision".
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