Freedom of Information commissioner Leo Hardiman has taken to social media to announce his resignation just under a year into the role.
In a statement posted on LinkedIn, Hardiman said his team had been working to decrease the backlog of FOI cases before the government.
“Further changes are, however, necessary in my view to ensure that the timeliness of IC [information commissioner] reviews and, consequently, access to government-held information, is increased,” Hardiman said.
“The making of those changes is not within the powers conferred on me as FOI commissioner.
“I have come to the view that I will not be able, in the absence of those changes, to increase the timeliness of IC reviews and access in a way which best promotes the objects of the FOI Act.
“I have accordingly decided the most appropriate course is to resign my appointment.”
Hardiman was the first FOI commissioner in seven years when he was appointed prior to the federal election. Before this, Hardiman worked at the Australian Government-Solicitor. His most recent role at the AGS was deputy chief general counsel, and national leader, Office of General Counsel.
He has a public service medal for “outstanding public service through the provision of legal services to the Commonwealth”, awarded in 2020.
The Office of the Australian Information Commissioner confirmed Hardiman’s resignation to The Mandarin.
A spokesperson for attorney-general Mark Dreyfus said the resignation was effective from May 19, per Nine papers.
“The Australian government thanks Mr Hardiman for his public service and wishes him well for the future. A merit-based selection process to fill the upcoming vacancy will commence shortly. Acting arrangements for the FOI Commissioner will be announced in due course,” the Dreyfus spokesperson said.
Former independent senator and self-described transparency warrior Rex Patrick commented on the resignation, saying Hardiman had been put in an “impossible situation” by both the former and the current government.
“[Hardiman] had more than 1,500 reviews on foot (47 going back to 2018), an ever-increasing number of review requests coming his way, and no resources. If #FOI is broken, so too is democracy,” Patrick tweeted.
Patrick has been attempting to FOI prime minister Anthony Albanese’s diaries, which have yet to be released under the legislation.
When it was announced, Hardiman’s appointment was welcomed by both former attorney-general Michaelia Cash and Australian information commissioner and privacy commissioner Angelene Falk.
The Mandarin’s sister publication Crikey revealed Cash appointed Hardiman to the role despite not officially applying for it.
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Cash handpicked Hardiman for FOI commissioner role in dying days of Morrison government
