CHANGES to the Information Act, a new Code of Conduct Bill and a new Accountability and Transparency Commission Bill will be introduced in Parliament soon.
Attorney-General Graham Leung stated this in Geneva during Fiji’s human rights review at the Universal Periodic Review. The Fiji Law Reform Commission has since announced it will hold public consultations with stakeholders on the three pieces of proposed legislations beginning on Monday.
Review of the Information Act 2018
The Fiji Law Reform Commission under the review will look at whether the basic purposes of the Information Act 2018 align with the Act’s intended purpose concerning the right of access to information established under sections 25 and 150 of the Constitution.
Section 25 states every person has the right of access to information held by any public office and information held by another person and required for the exercise or protection of any legal right. It adds every person has the right to the correction or deletion of false or misleading information that affects that person.
Section 150 of the Constitution states a written law shall make provision for the exercise by a member of the public of the right to access official information and documents held by the Government and its agencies. The review will assess whether the Act requires modifications to better achieve these purposes.
These includes:
n determining if the objectives of the Act fully reflects its purpose and supports the right of access to information; and
n explore whether the scope of the application of the Act should be extended to cover private sector bodies, government business enterprises, legislative bodies and bodies owned, controlled or funded by public agencies.
The review will also look at whether the power of the minister to exclude public agencies should be amended and whether the law should be amended so that any information held by a public agency — irrespective of direct interest and regardless of the date of its existence – should be subject to the Information Act.
The review will further examine whether the Information Act needs to explicitly provide that it overrides conflicting provisions in other laws including, secrecy provisions and determine whether the Act should provide for sanctions for those who wilfully obstruct access to information contrary to its provision.
The review will also look at whistle-blower protections for good faith disclosures of wrongdoing and examine the possibility of incorporating a sunset clause that automatically release information of public interest after a certain period.
Accountability and Transparency Commission Bill 2025
The 2013 Constitution establishes the Accountability and Transparency Commission (ATC Bill 2025) and allows for the commission to consist of a chairperson and two other members appointed by the President on the advice of the Judicial Services Commission following consultation by it with the Attorney-General.
The chairperson of the Commission must be a person who is or is qualified to be appointed as a judge.
The Fiji Law Reform Commission is tasked to set out clear objectives or a clear purpose of the ATC Bill 2025 and to give effect to the provisions set out in Section 121 of the Constitution of Fiji regarding the establishment of the Accountability and Transparency Commission whilst proposing additional provisions to enhance the effectiveness of the Bill.
After taking up the position of Attorney-General, Graham Leung had stated the setting up of the Commission was overdue.
“The commission will bring about greater accountability in government.
“It will help to ensure that public officials are held accountable leading to fairer treatment of people.
“When people can see how decisions are made and how funds are allocated and spent, it will strengthen their confidence in government and our democratic institutions,” he had said.
Code of Conduct Bill 2025
The Fiji Law Reform Commission is tasked with a review the Code of Conduct Bill 2025.
The review will look at setting out clear objectives or a clear purpose of the COC Bill 2025 and to give effect to the provisions set out in Section 149 of the Constitution regarding the establishment of a code of conduct for public office holders and the standards of accountability and transparency required of those persons,
The review will also consider the role of the Accountability and Transparency Commission in handling complaints about the conduct of public office holders and the enforcement of a code of conduct.
The review will also examine the role of declarations made by public office holders and the most effective way to make the information accessible to the public.
