Former FOI Commissioner Leo Hardiman blames Information Commissioner Angelene Falk for poor culture

Mr Hardiman, who was Australia's first FOI boss in seven years, quit the position in March, citing a lack of power to reform the backlogged system he was hired to fix.

On Tuesday, Mr Hardiman gave his detailed account of staffing, resourcing and cultural issues at the agency which houses the federal government's FOI office, appearing before a Senate committee into Commonwealth FOI laws.

Mr Hardiman said he quit because the powers to change deep problems at the agency were not conferred on him, but on Ms Falk, who he claimed wanted to be "a super Privacy Commissioner".

But Ms Falk, appearing before the committee hours later, denied claims that she didn't want a third commissioner, and said she took "issue with a number of the statements and points made" by Mr Hardiman.

In an opening statement to senators, Mr Hardiman painted a grim picture of the FOI branch, including serious staff and resourcing issues, cultural issues such as a lack of sufficient engagement with FOI technical issues, and a diversion of staff away from core FOI work.

He claimed that senior FOI branch staff felt "complete overwhelm", and complained of "culture of the OAIC's FOI functions being of secondary importance to its privacy functions".

Ms Falk claimed that Mr Hardiman hadn't spoken to her about the need to allocate resources differently, "aside from the passing remark".

But moments later, she revealed the former FOI boss told her at the end of last year that he would have to consider resigning if the government didn't provide additional resources in the upcoming federal budget.

Committee members appeared taken aback, grilling Ms Falk on why she hadn't shared this when she was asked whether Mr Hardiman had raised resourcing issues during Senate estimates in May.

"... my honest answer is it did not occur to me on that occasion and I've said upon hearing Mr Hardiman's evidence this morning, I have remembered the remark that was provided through a video meeting that we had," Ms Falk said.

The former FOI boss told senators he had sought to engage with the issues closely in his time at the OAIC, and was able to create a more focused and stable working environment.

But Mr Hardiman claimed Ms Falk had stood in the way of change.

"The broader culture of the OAIC, including cultural bent away from FOI functions was entirely a product of the [Information Commissioner's] leadership.

"Try as I may I simply could not change that culture and it's impact on the performance on the FOI functions."

He claimed Ms Falk was not supportive of the "three commissioner model" the agency had, nor effective resourcing for the FOI branch. Ms Falk denied this.

"In relation to the issue of resource allocation, it became increasingly apparent to me that the [Information Commissioner], following a communication with the former government had decided that she would never in any substantial sense allocate additional OAIC resources to the performance of the FOI functions," he said.

"Rather only appropriated funds which had been formally earmarked by the government of the day for FOI purposes would be allocated to the performance of the FOI functions."

IN OTHER NEWS:

"In relation to cultural issues, I could not change the fact that the [Information Commissioner] was not committed to the three commissioner model, rather the [Information Commissioner] was committed to a model under which she would remain, in effect, a super privacy commissioner with a subordinate rather than equally independent co-commisisoner for FOI.

"The IC had expressly said to me following the 2022 federal election that she was concerned about the possibility of and did not want the appointment of a separate privacy commissioner.

But responding to questions from Greens senator David Shoebridge and committee chair Paul Scarr, Ms Falk said she never recalled saying she didn't want a third commissioner, claiming that Mr Hardiman must have misunderstood her.

"I said thought would have to be given to ensure the three commissioner model followed best practice," she said.

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