Review of secrecy laws: discussion paper

• Australian Law Reform Commission

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30 June 2009

This paper considers the best legal arragements to ensure a balance between the need to protect some Commonwealth information and the need to maintain an open and accountable government through providing appropriate access to information.

The ALRC has identified and considered 507 secrecy provisions scattered across 175 pieces of legislation, including 358 distinct secrecy offences carrying a wide variety of criminal penalties. This discussion paper indicates the inquiry’s current thinking in the form of specific reform proposals. In trying to move towards a more open and ‘pro-disclosure culture’, the ALRC proposes a substantial decrease in the use of criminal sanctions – limiting prosecutions to those unauthorised disclosures in which it is alleged that harm has been caused, or was likely to be caused, to a compelling public interest. In most cases, however, the ALRC proposes that concerns about the protection of Commonwealth information should be addressed through better education and training, improved information handling practices, and public service disciplinary procedures.

The proposals contained in DP 74 do not represent the final recommendations of the Inquiry. The ALRC is seeking further submissions and is undertaking a further round of national consultations on the proposals in DP 74. It is not uncommon for there to be some significant changes of approach between a Discussion Paper and Final Report.