Freedom Of Information Taxes Credulity

September 6th, 2006: The High Court in Canberra has upheld a Federal Court ruling rejecting a 2002 Freedom Of Information (FOI) request made by The Australian

newspaper's FOI editor, Michael McKinnon.

The original request for details relating to a tax 'bracket creep' article was blocked by Treasurer, Peter Costello using a 'conclusive certificate'. According to the Treasurer's office, documents relating the number of high income earners receiving the Federal Government's $7,000 first home buyer's grant, were not to be released because "The release of the documents...will confuse or mislead the public and encourage ill-informed speculation and debate".

The certificate was initially upheld by the Administrative Appeals Tribunal, and on appeal was supported by Federal Court judges Tamberlin, Conti and Jacobson; with Conti dissenting in the 2-1 judgement that awarded costs against McKinnon.

Speaking to IDM this morning, McKinnon was sanguine about the legal decision but angry regarding the message it sends. "It's a sad day for democracies which depend on transparent and open government", he points out, continuing that these, "depend on tools like FOI."

In terms of moving further forward with the request - which sought to highlight 'bracket creep' in the taxation system four years ago - or, indeed other such requests, McKinnon holds a fatalistic opinion. "These are expensive cases", he told IDM, "and it's difficult to see how to fight a government armed with limitless coffers of tax payers' money."

Comment on this story.