Who Needs FOI When Market Mechanisms Will Deliver Accountability on Demand? A Critical Evaluation of the Relationship between Freedom of Information and Government Business Enterprises

Flinders Journal of Law Reform 1999 Vol 3 Issue 2. 215-246

33 Pages Posted: 18 Dec 2014

See all articles by Rick Snell

Rick Snell

University of Tasmania

Emily Langston

University of Tasmania

Date Written: march 17, 1999

Abstract

The relationship between administrative law and public administration has been changing in recent years. The late 1990s has seen a redefinition of the meaning of public power. This shift can be examined and understood through the relationship between government business enterprises (GBEs) and Freedom of Information (FOI). Some argue that devices such as FOI are unnecessary in the private sector, and that instead market mechanisms will suffice. This paper illustrates that the arguments that support this position are too simplistic and any analysis must take account more factors, such as of the liberal democratic evolution and the breakdown of the dichotomy of public and private law. The result of this debate will determine what place the values of rationality, openness and participation will play in the future exercise of public power in Australia. Administrative law needs to adapt its approach and structure to the new environment to ensure its existence in the privatised sphere.

Keywords: GBE, FOI, Freedom of Information, Public Private, market mechanisms, administrative law, public power

Suggested Citation

Snell, Rick Douglas and Langston, Emily, Who Needs FOI When Market Mechanisms Will Deliver Accountability on Demand? A Critical Evaluation of the Relationship between Freedom of Information and Government Business Enterprises (march 17, 1999). Flinders Journal of Law Reform 1999 Vol 3 Issue 2. 215-246, Available at SSRN: https://ssrn.com/abstract=2539509

Rick Douglas Snell (Contact Author)

University of Tasmania ( email )

French Street
Sandy Bay
Tasmania, 7250
Australia
61362262062 (Phone)
61362267623 (Fax)

HOME PAGE: http://www.ricksnell.com.au

Emily Langston

University of Tasmania

French Street
Sandy Bay
Tasmania, 7250
Australia

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