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Immigration department bombarded with Freedom of Information requests

More applicants are starting to scrutinise DIBPs decision-making process given the dramatic spike in FOI requests to the department of immigration (DIBP) over the last year according to statistics from the Office of the Australian Information Commissioner (OAIC).

DIBP received 18,851 FOI applications over the year - an increase of almost 7,000 from the previous year. This is equivalent to 51 FOI applications a day and four times more than the agency with the next highest number of requests, the Department of Human Services, reports The Canberra Times.

The surge in requests comes as the FOI laws have been labelled "pernicious" by Public Service Commissioner John Lloyd and at a time when the Coalition government is seeking to disband the OAIC.

This year, Mr Lloyd said the laws had gone further than intended and were being used to pursue information about newsworthy issues of the day rather than personal information.  

However, according to the OAIC, most requests to the top three agencies were from members of the public seeking access to documents containing their own personal information. 

The department granted full access to information for 60 per cent of requests and partial access to 35 per cent of applications, while refusing 5 per cent.

The Coalition government announced in the budget that it planned to disband the OAIC but the move has so far failed to pass the Senate. The government has however gone ahead and cut funding to the OAIC to about a third of the amount previously allocated.

The OAIC is an independent government agency essentially tasked with promoting access to government information, including an individual's right to access documents; and ensuring an individual's personal information is handled in accordance with the Privacy Act 1988 (the Privacy Act) and other laws

Analysts have raised concerns about the constitutional propriety of the government's actions in defunding the OAIC. If it proceeds, a constitutional challenge is likely. But in the meantime the OAIC continues to operate with few staff members and an uncertain future.

“FOI will certainly need an independent advocate in the immediate future. Powerful enemies are circling” wrote Richard Mulgan, Emeritus Professor with the Crawford School of Public Policy at the ANU. He added, “… the genuine advances in government transparency ought to be strongly defended. It is here that the absence of an effective information commissioner will be most keenly felt.”

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