Mercury (Hobart)

Secrecy ... until after you voted

- CHRIS PIPPOS

STATE department­s continue to withhold documents from the Tasmanian public despite a government direction to deliver greater transparen­cy.

The Justice Department has denied the Mercury access to public submission­s made in response to tougher bail laws — more than three months after a new rule was supposed to come into force making all such documents available.

The Government last year committed to release all such submission­s from January 1, but it has now emerged a three-month “transition period” was also in place — delaying the real implementa­tion date of the reforms until after the state election on March 3.

STATE department­s continue to withhold documents from the Tasmanian public despite a Government direction to deliver greater transparen­cy.

The Justice Department has denied the Mercury access to public submission­s made in response to tougher bail laws — more than three months after a new government rule was supposed to come into force making all such documents available.

The Government last year committed to release all submission­s from consultati­on pe- riods on “major policy matters” from January 1 this year, unless the person making the submission specifical­ly requested it not be made public.

But when the Mercury asked for the submission­s made so far this year relating to the proposed changes to bail laws, the Justice Department refused — saying the Government had baked-in a threemonth “transition period” before the new rules took effect. That means that only submission­s made post-April 1 — a month after the state election — will be released.

The Mercury has now been told a Right To Informatio­n request will need to be lodged to access the informatio­n.

A Justice spokesman said: “The three-month transition period was provided to ensure the department had time to implement an improved online public submission form and protocols to cater for the large number of bills and submission­s handled by the department.”

The Premier’s spokesman said last night: “The Government expects department­s to now be fully compliant with the policy for any requests for submission­s made after April 1 this year.”

But lawyer Ben Bartl, a policy officer for Community Legal Centres Tasmania, which has made its submission opposing the proposed bail changes public, said there was no valid reason why government department­s shouldn't do the same.

“It comes back to open government and transparen­cy,” Mr Bartl said. “Given the Government has said that submission­s provided by the Government will be made available, and given it's a major reform reversing the onus of proof, I would call on the Government to make those submission­s provided by the department­s available so the community is kept abreast of what people think.”

Right To Informatio­n expert and University of Tasmania associate professor of law Rick Snell says there is no valid reason for the threemonth transition period.

“I can't understand what the motivation would be for this three-month period for government agencies,” Professor Snell said. “The government agencies, you would assume, would be aware the policy was coming in. From that perspectiv­e, I can't understand why that's the case.”

The Government is proposing 15 changes to bail laws. They include a new test of “unacceptab­le risk” for bail applicants, and a presumptio­n against bail in some instances.

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