Association of Queensland) should be subject to the legislation in relation to their performance of those functions. These entities will be captured by the proposed Right to Information Bill (Government response to The Right to Information Report recommendation 28). Whether it is appropriate for the Judicial Review Act 1991 to apply to specific decisions of particular private entities needs to be considered on a case by case basis, as in the Corrective Services Act 2006 example provided by the Committee. The should be Financial Management Standard 1997 12 Not Supported amended to require annual reporting of contracts, including As stated at the response to recommendation 11 above, those with commercial-in-confidence clauses, entered into by application can currently be made for a significant amount of government entities. The requirement should be for information provided by private providers in compliance with information regarding: existing accountability and reporting obligations. Those all contracts with private providers, regardless of value; and • bodies with public functions, such as regulatory functions, will where commercial-in-confidence clauses are contained in a • be subject to the proposed new Right to Information contract – legislation. - the accountable officer or equivalent; and - the reasons for non-disclosure. In addition, as of 1 January 2008, the State Procurement Policy requires agencies to publish details of all awarded contracts and standing offer arrangements with a value of $100,000 or more on the Queensland Government Chief Procurement Office website. The Public Service Commissioner should issue a directive to 13 Not supported ensure that, where government agencies engage The Government will consider this matter after the evaluation entities to carry out functions prescribed by of reporting and accountability arrangements for statute, the terms of contract should give the agency a right of organisations and the work of the Public access to documents produced in the course of performing Accounts Committee mentioned in recommendation 11. those functions. Legislative change should provide that an apology by an 14 Not supported agency regarding a decision or action affecting an individual does not constitute an admission of liability and will not be
Association of Queensland) should be subject to the legislation in relation to their performance of those functions. These entities will be captured by the proposed Right to Information Bill (Government response to The Right to Information Report recommendation 28). Whether it is appropriate for the Judicial Review Act 1991 to apply to specific decisions of particular private entities needs to be considered on a case by case basis, as in the Corrective Services Act 2006 example provided by the Committee. 12 The Financial Management Standard 1997 should be amended to require annual reporting of contracts, including those with commercial-in-confidence clauses, entered into by government entities. The requirement should be for information regarding: • all contracts with private providers, regardless of value; and • where commercial-in-confidence clauses are contained in a contract – - the accountable officer or equivalent; and - the reasons for non-disclosure. Not Supported As stated at the response to recommendation 11 above, application can currently be made for a significant amount of information provided by private providers in compliance with existing accountability and reporting obligations. Those bodies with public functions, such as regulatory functions, will be subject to the proposed new Right to Information legislation. In addition, as of 1 January 2008, the State Procurement Policy requires agencies to publish details of all awarded contracts and standing offer arrangements with a value of $100,000 or more on the Queensland Government Chief Procurement Office website. 13 The Public Service Commissioner should issue a directive to ensure that, where government agencies engage entities to carry out functions prescribed by statute, the terms of contract should give the agency a right of access to documents produced in the course of performing those functions. Not supported The Government will consider this matter after the evaluation of reporting and accountability arrangements for organisations and the work of the Public Accounts Committee mentioned in recommendation 11. 14 Legislative change should provide that an apology by an agency regarding a decision or action affecting an individual does not constitute an admission of liability and will not be Not supported