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Tuesday, 9 September 2003
Page: 14648


Senator CHERRY (4:23 PM) —Again, on principle the Democrats will be opposing the third reading of the Communications Legislation Amendment Bill (No. 1) 2002. We really do not believe that a bill that restricts access to the freedom of information regime in this country should stand. We believe that this bill is bad law in that respect. Regardless of what the issues about the content of the material are, it is far more appropriate that these issues be dealt with through the review of administrative decisions by the AAT and through the FOI officers, rather than through a carte blanche decision in this place. From that point of view the Democrats will, with great regret, be voting against the third reading of this bill.

We ask that the Senate, and particularly the crossbench senators, give careful consideration to whether we should allow a precedent to stand of restricting FOI access in matters involving censorship and classification where the public may not know why those decisions are being made and what the standards should be. The courts and the administrative tribunals have shown that they can deal with the current subject matter of these areas properly, effectively and carefully, and the government certainly has not proven that so important a matter as the restriction of FOI access is needed in this area. From that point of view, this is an excessive response to a nonexistent problem and on principle we should not support it.

Question agreed to.

Bill read a third time.