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The Australian Freedom of Information Legislation and its applicability to Sri Lanka: an empirical study

The Dissertation sets out the results of an evaluation of certain aspects of the
Commonwealth of Australia's Freedom of Information Legislation and proposals to
introduce a Freedom of Information Law in Sri Lanka. The major purpose of the study
was:
(i) to evaluate whether the Commonwealth FOI Act has
achieved the objects of Parliament - whether members of
the public could have a free access to government
information subject to important exemptions.
(ii) whether a FOI regime should be introduced to Sri Lanka
In conducting my research, I devoted three chapters to FOI in Australia including the
development of the legislation. I analysed key components of the legislation and
researched to what extent the FOI Act has achieved its objects. I devoted two chapters
towards the concept of transparency of government in Sri Lanka, the attitude of the
Courts towards the concept of the right to information and whether Sri Lanka needs a
Freedom of Information Act. In the last two chapters, I have devoted a chapter each to
the concept of translocation of laws and about an ideal FOI Act for Sri Lanka, which is an
adaptation of the Australian Act.
The individual components of the methodology incorporated:
(i) a literature survey of the Commonwealth FOI Act, Freedom of Information
in the United Nations and in the USA; and Sweden, Canada and New Zealand;
(ii) a literature survey concerning the transparency of government in Sri Lanka
(ii) interviews with a cross section Commonwealth FOI administrators and key
politicians, lawyers and a cross section of members of the press and public in
Sri Lanka; and
(iv) research of the Australian FOI legislation
The empirical data present an analysis of key features of the Commonwealth FOI Act
with particular attention to exemption clauses.
I have recommended some amendments to the FOI Act in view of the Commonwealth
Government's policy of outsourcing some of its activities and the creation of a position of
FOI Commissioner.
Finally my research indicates that Sri Lanka needs Freedom of Information legislation to
meet the challenges facing a developing country that is endeavoring to reach 'newly
developed status' early in the new millennium. Furthermore, international lenders and
donors are now requiring that developing countries like Sri Lanka seeking aid, should
show more transparency in its activities. I have drafted a Freedom of Jiformation Bill for
Sri Lanka. I have based the draft on the Australian law adapted to suit the local
conditions in Sri Lanka, which is in Appendix "G".

Identiferoai:union.ndltd.org:ADTP/219319
Date January 2001
CreatorsWeereratne, Anura R, n/a
PublisherUniversity of Canberra. Law
Source SetsAustraliasian Digital Theses Program
LanguageEnglish
Detected LanguageEnglish
Rights), Copyright Anura R Weereratne

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