by Morgan Bell

Created on: January 18, 2007   Last Updated: October 12, 2011

Freedom of Information . . . Accomplice to Poison

The future is grim for the State of Tasmania while the forestry industry is exempt from the Freedom of Information Act. Not content with merely logging old growth forests, is has come to light in recent years that Gunns is now in the business of poisoning the local people and animals with chemicals. The irresponsible use of chemical herbicides and pesticides such as Alphacypermethrin, Atrazine, Simazine and 1080 was shockingly uncovered by Graham Davis on Nine's Sunday program "Tasmania: Name Your Poison" which aired back in September 2004, yet the industry remains self-regulated and Gunns remains unaccountable.

What is Freedom of Information?

The Freedom of Information Act (FOI Act) came into effect in the Commonwealth of Australia on 1 December 1982 to give members of the general public the right to access official documents of the Australian Government and its agencies unless the information is exempt from release. The FOI Act also creates a right to the amendment of incomplete, incorrect, out of date or misleading information.

The Tasmanian Freedom of Information Act 1991 commenced on 1 January 1993. Within this Act is the exemption clause of Section 32A that states:

FREEDOM OF INFORMATION ACT 1991 - SECT 32A
Information relating to certain commercial persons

32A. Without limiting the application of any other exemption under this Act, information is exempt information if it relates to the performance and exercise of the functions and powers of any of the following persons and does not relate to the personal affairs of a natural person:

(a) Forestry corporation established under section 6 of the Forestry Act 1920;

(b) Private Forests Tasmania established under section 4 of the Private Forests Act 1994;

(c) Civil Construction Services Corporation established under section 4 of the Civil Construction Services Corporation Act 1994.

Forestry Tasmania is a Government Business Enterprise, an organization reliant on public funding to operate, yet it is exempt from the FOI Act under this Section 32A, excusing them from providing access to information "if it relates to the performance and exercise of the functions and powers" of the corporation.

Forestry Tasmania has chosen to participate in FOI on a voluntary basis but it is not compulsory for them to answer any questions they don't want to due to the Act. In the 2002-2003 financial year there were six FOI requests. Half were provided with full access to the information.

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