The report reflects a 15-month inquiry. It features 61 recommendations for reform, with a new principle-based framework to "reinforce open and accountable government while ensuring adequate protection for Commonwealth information that should legitimately be kept confidential". The ALRC comments that -
The management of information can be conceived of as a spectrum, with openness of information and protection of information at opposite ends. Secrecy provisions are situated at different points on the spectrum—at times emphasising protection; at times facilitating information handling, sharing and disclosure.The 642 page report is a major study that identified 506 secrecy provisions in 176 items of Commonwealth legislation, including 358 criminal secrecy offences.
The ALRC comments on "considerable inconsistency in the framing and elements of specific secrecy provisions, reflecting their introduction at different times, using different language and often with widely ranging penalties". It also notes the catch-all nature of some secrecy provisions and over-reliance on criminal sanctions.
The report indicates that administrative and disciplinary frameworks should play the central role in ensuring that government information is handled appropriately. "In most cases, unauthorised disclosure of Commonwealth information can be dealt with through better education and training, improved information-handling practices and, where necessary, public service disciplinary procedures."
It accordingly suggests a "winding back" of reliance on criminal sanctions for unauthorised disclosure of information, including repeal of ss 70 and 79(3) of the Crimes Act 1914 (Cth) - "Criminal sanctions should only be imposed where the unauthorised release of information has caused, or is likely or intended to cause, harm to identified public interests."
The ALRC recommends that every Australian Government agency should develop and publish information-handling policies and guidelines to clarify the application of secrecy laws. It also recommends a role for the proposed new Office of the Information Commissioner to provide independent oversight of the manner in which the agencies discharge their information-handling responsibilities.
