Freedom of Information and Australian criminology

Abstract

This chapter examines the question of why it is rare to see Freedom of Information (FOI) requests or research documented in Australian criminological research. It provides a brief overview of the leading FOI literature in Australia, which reinforces the presumption of information disclosure by all publicly administered government departments, yet dilutes these requirements where private operators are contracted to provide all or part of these services. The chapter then explains the key facets of Australia’s state and Federal FOI laws, and the legislative exemptions that commonly justify non-disclosure of government information under both regimes, before providing an illustrative case study that demonstrates how these laws operate in practice. The aim is to show how FOI officers within justice agencies and independent administrative tribunals frame the presumption for information disclosure by government agencies against a crime suspect’s right to privacy. The chapter concludes with a brief discussion designed to encourage more empirical research on FOI in Australian criminology, in light of the clear barriers to information disclosure established by FOI officers operating within justice agencies, administrative tribunal decisions and the commercial secrecy requirements that characterise many government subcontracting arrangements.