Canberra Liberals' cabinet disclosure bill would 'undermine responsible government'

The private member's bill, introduced by Opposition Leader Elizabeth Lee in September, would amend freedom of information laws to require cabinet records to published 30 business days after they are considered by cabinet.

But Mr Barr has told an Assembly inquiry into the legislation the bill failed to acknowledge established cabinet convention and the need for confidential deliberations.

"An effective cabinet government may consider a range of complex or interlinked policy and investment considerations which require iterative discussions over several months," Mr Barr's submission, on behalf of the government, said.

"This type of deliberative and considered decision making is not supported by the private member's bill and would undermine responsible government in the ACT."

Mr Barr told the standing committee on justice and community safety Ms Lee's proposed laws did not adequately acknowledge the risk cabinet ministers would be less candid if the decision-making process was made public.

The bill does not consider the existing framework for accessing cabinet material after 10 years under the Territory Records Act, and that freedom of information laws are not suitable for considering cabinet material.

"Proactive public release of executive records would require reallocation and provision of new resources by the government," Mr Barr said.

"The additional resources required for the proactive release of documents within the 30-day period following consideration are un-costed and would be significant.

"The resourcing impacts may also risk diminishing the capacity of government to meet other existing commitments."

While cabinet papers can be accessed after 10 years in the ACT, there are often significant delays in having the material assessed for release.

Ms Lee had said her bill would mirror the New Zealand policy, which came into effect in 2018.

It would offer exemptions to prevent material being released that would cause risks to safety, affect ongoing criminal investigations or be contrary to the public interest, she said.

"If this Labor-Greens government has nothing to hide and is serious about being transparent with Canberrans, they must support this bill," Ms Lee said.

But Mr Barr told the Assembly inquiry the New Zealand process was cabinet policy rather than legislation, which applies to documents once a final decision has been made.

"The New Zealand policy explicitly requires consultation with third parties, including individuals and organisations named in any information proposed to be released," he said.

"Although the private member's bill does not prohibit consultation, it does not require it, nor does it make timing allowances for this consultation within the proposed legislated release period."

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The ACT government is also moving ahead with its own amendments to freedom of information laws, including extending processing times from 20 to 30 working days.

The ACT Ombudsman told the Assembly inquiry it did not support some of the government's proposed changes, including allowing information to be provided in an alternative form and expanding the review process.

"We also note that increasing the scope of decisions that may be reviewed could result in an increased workload for the Office, which if not resourced would cause either delay for these matters or delay elsewhere in the ACT Ombudsman's responsibilities if resources were moved internally to an increasing workload here. We will monitor this following the passing of the Bill," ACT Ombudsman Iain Anderson wrote in a submission to the inquiry.

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