In a significant victory for government transparency, decade-old cabinet documents in the Australian Capital Territory will now be released much more rapidly following the passage of new legislation through the ACT Legislative Assembly.
New Law Imposes Strict Time Frames on Document Requests
Under the previous system, processing times for requests to access eligible executive records had ballooned to more than a year, creating substantial delays for journalists, researchers, and the public. The newly backed scheme, introduced by the Greens with amendments from Labor, mandates that future document requests must be processed within two months.
This legislative change directly addresses years of extended delays highlighted by media organisations, including The Canberra Times, which has routinely requested all newly accessible cabinet documents since 2022.
Greens Champion Transparency Reforms
Andrew Braddock, the Greens' spokesman on democracy and integrity, spearheaded the push for greater accountability. He emphasised that the absence of legislated time frames had created unacceptable bottlenecks in the public's right to access information after the standard 10-year embargo period.
"How can documents that are meant to be publicly accessible take nearly a year to be part of the public record?" Mr Braddock questioned during the Assembly debate. "This bill introduces a statutory time frame that will ensure timely release and represents a positive step towards greater transparency in our democracy."
Specific Provisions of the New Legislation
The law establishes a clear 30-day window for processing requests, with the government retaining the ability to extend this period by another 30 days if necessary. Furthermore, it aligns the appeals process with Freedom of Information Act standards by transferring review functions to the ACT Ombudsman, addressing concerns about independence in decisions to withhold or redact records.
Mr Braddock noted that these changes would encourage more precise and targeted requests, moving away from the blanket applications that have overwhelmed the system. "This benefits everyone—the public, the media, researchers, and the public service itself," he stated.
Historical Context and Volume Challenges
The issue gained prominence as request volumes surged dramatically. Before 2022, between 10 and 30 documents were typically requested annually. However, in recent years, up to 500 files per year have been sought, creating an administrative backlog.
Public Service Minister Rachel Stephen-Smith acknowledged the challenges, explaining that records often require careful review against ACT criteria concerning public safety and privacy. "These records can be lengthy and complex, and the volume of work has unfortunately led to lengthy response times," she said.
Impact on Public Scrutiny and Historical Insight
Previously released cabinet documents have revealed significant historical insights, such as warnings in 2012 that the case for a rapid bus service between Gungahlin and the city was "significantly stronger" than for light rail. They also showed Chief Minister Andrew Barr facing pushback in cabinet when proposing extensive infill housing sites in 2011.
The 10-year access period for cabinet documents was originally established in 2001 by the then Liberal ACT government, following a bill introduced by independent MLA Michael Moore.
Government Commitment to Efficiency and Transparency
Minister Stephen-Smith expressed the government's appreciation for the opportunity to strengthen transparency mechanisms and confirmed that efforts are underway to find more efficient processing methods, including retrieving printed documents from archives.
"We expect most, if not all, current applications to have been decided in the next few weeks and months," she assured the Assembly, signalling a commitment to clearing the existing backlog promptly.
This legislative overhaul marks a pivotal moment for open government in the ACT, ensuring that historical records become accessible to the public in a timely manner, thereby fostering greater accountability and informed public discourse.
