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Assistant Ministers FOI Northern Territory Sparks Transparency Debate

The Northern Territory government has proposed a bill that would bar assistant ministers and their staff from being subject to some Freedom of Information (FOI) requests. This initiative, which is spearheaded by Attorney-General Marie-Clare Boothby.

It is intended to legitimise the practice of considering internal communications among ministers, assistants, and staff as not being government information. The Attorney-General and Police Legislation Amendment Bill will create an NT Government FOI exemption that will limit access for the public to communications that are not related to the officials’ responsibilities in the first place.

This decision comes after the CLP backbenchers were all appointed as assistant ministers in October 2024. The new position may not be formally recognised by the NT Legislative Assembly, but the FOI exemption would legally ensure that the internal conversations of those in the new positions remain off the record.

The NT bill exempts assistant ministers from specific Freedom of Information requests.

Why Are The NT FOI Law Changes 2025 Controversial?

Critics assert that the new law decreases transparency and accountability in an area already watched closely by the authorities. The Chief Minister, Lia Finocchiaro, had to deal with the backlash earlier this year for not having media conferences for almost seven weeks. Advocates of transparency say that the NT FOI law modifications 2025 will limit public access to information that is crucial for democracy.

Ms Boothby informed the parliament that the amendments would do away with “the era of green lawfare”, which she had earlier characterised. The expression points to a 2021 FOI application by the Environment Centre NT (ECNT) regarding the reduction of the security bond for the McArthur River Mine. She mentioned that the taxpayers had been bearing “countless dollars” in legal costs; the legal costs incurred in defending the former Labour government’s decision to deny that request were the ones she was referring to.

Who Will Be Affected By The FOI Exemption?

In the event that the bill is approved, all the assistant ministers and their staff will not have to comply with FOI requests that do not pertain to their specific areas of work. This policy will also apply to all kinds of communication between them, such as letters, meeting notes, and internal discussions, thereby greatly limiting the amount of information that can be accessed by the public.

The proposed law, which changes four other laws, including the Information Act, will be accessible for a 28-day consultation period before being debated in parliament next month. During this period, the community organisations and the media will be able to express their views on the NT Government’s proposed exemption from the Freedom of Information law.

If passed, assistant ministers and staff will be exempt from non-portfolio FOI requests.

FOI Requests Have Exposed Major Public Issues

The Freedom of Information has been and will be a major instrument to journalists and the public for accountability of power. In the Northern Territory, the FOI requests revealed a couple of serious concerns. The issues consisted of Indigenous young people self-harming in police watch houses, faulty construction at Palmerston Regional Hospital, and politicians using taxpayer-funded chauffeur services for personal purposes.

The ABC has also taken advantage of the FOI law to unearth supposed cases of environmental violations by gas companies and mishaps in correctional facilities. The unmasking of these issues serves to confirm how much society still relies on FOI laws to keep its confidence in the government’s decision-making process.

How Do The Changes Compare Nationally?

The NT proposal reflects a trend that is increasing in different parts of the country and is directed towards limiting information access. The federal government has also faced criticism along similar lines. A coalition of integrity and media freedom groups described the broader tightening of FOI as a “grave integrity failure.”

The Centre for Public Integrity emphasised that “Freedom of Information is a critical feature of any democracy.” The statement reaffirmed the view that access restriction leads to less accountability and fewer rights for citizens to know.

The NT proposal mirrors a national trend to restrict information access and transparency.

Will Transparency Be A Casualty Of Reform?

The Assistant Ministers’ FOI Northern Territory exemption, if put into practice, could undermine the public’s trust in the principle of open governance. While proponents contend that it will stop expensive and prolonged court disagreements, on the other hand, the detractors argue that the public is entitled to the supervision of all elected officials.

Over the course of the consultations, the privacy advocates have been urging the NT government to find a balance between privacy concerns and the principles of transparency. The final parliamentary vote will decide if the Territory fortifies secrecy or reopens the door to openness in governance.

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FAQs

Q1: What is the Assistant Minister’s FOI Northern Territory change?

It’s a proposed exemption removing assistant ministers and their staff from FOI requests unrelated to their portfolios.

Q2: Why is the NT Government’s FOI exemption controversial?

It’s seen as limiting transparency by reducing access to government communications.

Q3: When will the NT FOI law changes 2025 be decided?

The bill is in a 28-day consultation phase before it’s debated in parliament next month.

Q4: Who can provide feedback?

Media organisations, advocacy groups, and citizens can submit views during the consultation period.

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