Cassy O'Connor MP | Greens Leader
The Greens are moving to address an apparent loophole in the Right to Information Act 2009 which allows a Minister to delegate decision making powers to staff, whose decisions are then not able to be reviewed either internally or by the Ombudsman.
This loophole has come to light as a result of the increasing tendency of Ministers to delegate authority to ministerial office staff, who invariably make determinations in the Minister’s favour which then cannot be reviewed.
We recently sought clarification from the Ombudsman on this specific question. He confirmed that RTI determinations made by a Minister’s delegate are not subject to the review provisions in the Act.
This loophole requires a very simple fix which is contained in our Amendment Bill.
We strongly urge the Premier to recognise this problem with the Act that runs completely counter to its intent and the principle of transparency in government, and support the Greens’ RTI Amendment Bill when we bring it on for debate.