You will be aware that the Government is reviewing legislative provisions and administrative procedures to enhance both parliamentary democracy and open and accountable government in New South Wales.

One of the matters raised for consideration in this review is the public availability of the minutes of board meetings and the annual reports of statutory authorities.

Under the provisions of the Annual Reports (Statutory Bodies) Act 1984, annual reports of relevant statutory authorities are required to be prepared, submitted to the relevant Minister and then tabled in Parliament. Thereafter, such reports are to be made available for public sale and distribution.

However, no provision exists which would specifically require the minutes of board meetings of such statutory authorities to be made publicly available. Public access to such minutes may of course be provided through the provisions of the Freedom of Information Act. Such access is, however, limited by the exemptions provided in Schedule 1 to the Freedom of Information Act. These exemptions can properly be invoked to prevent the disclosure of minutes dealing with, for example, commercially sensitive information, information provided in confidence or information the disclosure of which would adversely affect law enforcement operations.

Whilst this arrangement may be regarded as satisfying the principles of openness, I consider that it is desirable to implement improved arrangements to ensure that minutes of board meetings of statutory authorities are more readily accessible. Board minutes of statutory bodies should be made publicly accessible without requiring a formal application under the Freedom of Information Act, whether as part of a public register or otherwise, and whether or not subject to payment of a fee or charge.

Statutory authorities should provide maximum access to the minutes of board meetings notwithstanding that such documents may technically fall within one or more of the exemptions in Schedule 1 to the FOI Act. Naturally, where there are substantial and legitimate reasons for maintaining confidentiality such as commercial sensitivity, adverse effect on law enforcement, prejudice to current litigation or negotiations or interference with the right to privacy of third parties, then it would still be legitimate to excise the relevant information. However, the presumption should be in favour of disclosure, and statutory authorities are expected to exercise their discretion accordingly.

The establishment of this scheme should improve the flow of information from the government sector and thereby achieve greater openness and accountability. Minutes ought to be freely available and accessible, and the means by which they may be inspected or obtained should be contained in the statement of affairs of the statutory body under the Freedom of Information Act.

I would be pleased if you would inform the boards of all statutory bodies within your administration of the terms of this memorandum and request them to implement these procedures as soon as possible.

Yours sincerely

N F Greiner MP