Democracy, participation and la transparence : freedom of information in France and Australia

Abstract

Democracy works when the public has access to information about government. An informed public can participate in administrative decisions, criticise government action and truly choose their elected representatives. The High Court has recognised the importance of information in a representative democracy. The legislatures in France and Australia have acknowledged this by enacting Freedom of Information legislation providing for a right of access to documents. The exceptions to this right reflect the public interest in maintaining a certain level of secrecy about government activity. The question is whether the legislation is sufficient to meet democratic needs. Balancing the competing obligations of secrecy and openness is an ongoing exercise. Of importance is ensuring that the privatisation of the public sector and the use of outsourcing do not detract from the public’s ability to oversee the spending of public money. Effectiveness is also influenced by the review process, the attitude of the bureaucracy and government, and the extent to which the right is used by the media, lobby groups, lawyers and academics.