International Law

UK shows a lead on Freedom of Information

Posted on May 18, 2008
The High Court dismissed an appeal by the House of Commons from a decision of the Information Tribunal requiring disclosure of payments relating to the Additional Costs Allowance, an allowance payable to Members of Parliament who represent constituencies outside London or outer London constituencies...

NSW ADT rules government policy subject to objectives of FOI Act

Posted on May 18, 2008
In the latest decision in a long running battle over access to documents about the sale of the Sydney markets, the NSW Administrative Decisions Tribunal has upheld a decision by the Department of Premier and Cabinet to refuse access to documents, based on cabinet documents, executive council documents, and legal professional privilege exemptions...

Australia's Right to Know report card

Posted on May 14, 2008
Australia's Right to Know, the coalition of major media organisations, marked its first anniversary yesterday, with Chairman John Hartigan of News Limited releasing a short report card of pluses and minuses on freedom of speech issues over the last 12 months...

Ideas for FOI reform have wide application

Posted on May 14, 2008
Some thoughts from Rick Snell on Freedom of Information reform in Tasmania- most of these suggestions would make sense just about anywhere in Australia.

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PM avoids specifics when it comes to advice

Posted on May 13, 2008
The Opposition raised a series of questions in Federal Parliament yesterday, asking the Prime Minister to table advice received on high profile issues such as the inflationary effect of industrial relations policy or the actual cost of the commitment regarding computers in schools, in the light of his "more open government" commitments...

No sign of money for the new era of open government

Posted on May 13, 2008
I'm no expert when it comes to analysing the detail of government accounts, but my foray tonight into the 2008 Budget, looking for some reassurance about the Federal Government's plans to get on with Freedom of Information reform, matched by funding, came up with zilch, in other words, a big zero...

No oxymoron- Government committed to budget papers that make sense

Posted on May 13, 2008
Its not a headline issue, but it will be interesting to see how tonight's Federal Budget matches the statements by Minister for Finance Lindsay Tanner, that Labor would take steps to provide comprehensive and detailed information about planned expenditure in a way that presents a coherent picture of how our money is being spent and for what purpose...

Spinmeister shows how it's done

Posted on May 13, 2008
Now this is someone who graduated with honours from spin school.The York Daily reporting on a security violation at Three Mile Island nuclear energy plant in the United States in April, quoted a spokesman for the Nuclear Regulatory Commission describing the preliminary findings of an investigation, as ?greater than very low safety significance...

Federal action on lobbyists- good, but.........

Posted on May 13, 2008
Minister of State Faulkner yesterday announced the final version of the Government's proposals concerning the register of lobbyists and related matters such as the limitation on post separation lobbying by former ministers, staff and senior public servants...

2008 FOI Summit in Philadelphia

Posted on May 12, 2008
They're a less patient lot in the United States where last week the National Freedom of Information Coalition held the 2008 FOI Summit, with what sounds like a great program, and a call to arms to fight for First Amendment rights in a keynote speech by Toni Locy, who faces a $5000 fine for every day she refuses to reveal her sources for stories about the 2001 anthrax attacks in the US...

Patience a virtue while waiting for improvement in press freedom

Posted on May 12, 2008
Patience - www.mythprints.comDerek Barry on Woolly Days provides a good summary of the Media Entertainment and Arts Alliance 2008 report into the state of press freedom in Australia, "Breaking the shackles", and its commentary on Legislation and the Courts, Government Actions Restricting Press Freedom, International Affairs, and Attacks on Press Freedom in the Asia Pacific Region...

Openness and collaboration in responding to public policy challenges

Posted on May 12, 2008
Further to the comment here on Sunday about the public good of information sharing, anyone interested in pushing culture change in government in the direction of greater openness and increased citizen participation should snap up a container load of "Wikinomics:How Mass Collaboration Changes Everything" by Don Tapscott and Anthony Williams...

Amazing thought: public might help solve public problems

Posted on May 11, 2008
Speaking of culture change in the public sector, as we have been, Nicholas Gruen in a post on public goods on Club Troppo, reflects on issues arising from how the internet provides a new means of producing and utilising information and knowledge for everyone's benefit including:Can governments become more open in their deliberations, to maximise the extent to which those outside government can provide assistance in solving problems...

Rare glimpse of details of Ombudsman investigation of FOI complaint

Posted on May 11, 2008
The Sydney Morning Herald reports today the findings of the NSW Deputy Ombudsman following a complaint by a journalist about the refusal of the Roads and Traffic Authority to disclose any of the 59 documents sought under the Freedom of Information Act concerning a $25 million payment to the operator for delays of road changes around the privately owned Lane Cove motorway...

Shredder busy in Tasmania

Posted on May 11, 2008
Not a great week in Tasmania last week for trust, confidence, honesty and transparency.Rick Snell and The Greens received separate but apparently identical responses to Freedom of Information applications for a copy of the submission to the then Attorney General on the appointment of a magistrate that he claimed had never been approved, only to be brought undone when the original, approving the appointment was found shredded in his rubbish bin...

Need to walk as well as talk

Posted on May 10, 2008
Lenore Taylor sums up on ABC TV's The Insiders today, after discussion of the Prime Minister's reaffirmation this week of the commitment to promoting a culture of disclosure in government:"The new era of open government is something you do rather than something you talk about"...

Amendment rights under FOI laws

Posted on May 08, 2008
Two recent decisions on amendment of record applications under freedom of information laws, examined the scope of this right and when it can be exercised.The Acting Information Commissioner in Western Australia upheld a decision by Edith Cowan University to refuse to amend its records concerning a decision to exclude a PhD student from the program for a 12 month period...

PM says future begins as soon as practically possible

Posted on May 08, 2008
Whether this represents an advance on "we'll introduce Freedom of Information law reform by the end of the year" remains to be seen, but the Prime Minister in speaking at an event at Fairfax Media yesterday, again made it clear change is on the way as soon as practicable...

Principle hard to find in Treasury decisions on access

Posted on May 07, 2008
If you are somewhat confused about disclosure of Federal Treasury advice on various matters, the following is a snapshot. It is hard to discern the principle that underpins Treasury assessments of what should be disclosed or refused access. That is of course unless you see a pattern of refusing access to anything likely to cause major inconvenience to the Government or Treasury, and releasing information that gives the Government a leg up...

When does the future start?

Posted on May 07, 2008
The fact that Minister of State John Faulkner spoke to the Governance group at last month's 2020 Summit was well known, but I hadn't been aware that the text was published on his website.His remarks again give cause for optimism that the Government will act on transparency and accountability issues, including Freedom of Information reform...

Famous UK kid has some right to privacy

Posted on May 07, 2008
Do kids of famous parents have a reasonable expectation of privacy, at least from the covert use of long range cameras used for photos for publication in the media? The Guardian reports the UK Court of Appeal has decided that the son of Harry Potter author, JK Rowling , has the same right as a "normal"kid in this respect, and the case for breach of privacy should proceed to hearing...

The future will definitely start by the end of the year

Posted on May 07, 2008
Rick Snell and Australia's Right to Know also lament the disappointing "we'll get to Freedom of Information law reform by the end of the year" approach of the Federal Government, as reported in today's Australian.Culture change to follow?

Where are we on compliance when the Attorney General thinks mandatory means optional?

Posted on May 06, 2008
Matthew Moore in the Sydney Morning Herald last Saturday drew attention to the fact that successive NSW Attorneys General have failed to comply with a statutory requirement to undertake a review of the legislation that established the NSW Administrative Decisions Tribunal...

Australia's data breach stats prove nothing

Posted on May 05, 2008
The IT security writer for ZDNet Australia has a bone to pick with the Federal Privacy Commissioner about the lack of information on breaches of security of personal information in the public and private sector in this article with the catchy title "Why I hate the Privacy Commissioner's office" He's got a point - as long as there is no obligation to report significant data breaches, or notify those who may be effected, we will remain in the dark about theft or misuse of personal information...

High Court weighs waiver in FOI case

Posted on May 04, 2008
The Osland case and the issue of waiver of legal professional privilege in the context of the Victorian Freedom of Information Act had a full day in the High Court of Australia recently, with judges reserving their decision until later in the month...

BYO gloves

Posted on May 04, 2008
In an article about US Homeland Security Secretary Chertoff and his recent comments in Canada, that fingerprints aren't personal information, Al Kamen in the Washington Post is taking the micky-isn't he?"As Chertoff, who after all was recently a federal appeals judge, knows quite well, no one should expect privacy in a restaurant or anywhere else where a fingerprint might be left...

Don't blame me, I'm just the Treasurer

Posted on May 03, 2008
The Treasurer Wayne Swan this morning on ABC TV's the Insiders responded to questions about Treasury's decision to refuse access to documents (see earlier post) by saying it was nothing to do with him, and was a decision by a public servant in accordance with the law...

Yes, Prime Minister

Posted on May 02, 2008
The Sydney Morning Herald editorial today( "What kind of Mr Hacker") sees good coming from the boost the Prime Minister gave to professionalism in the public service in his address this week, but......."We would have hoped, however, to hear Mr Rudd sound more proactive about inclusive government and accountability...

World Press Freedom Day,3 May

Posted on May 02, 2008
On the 60th anniversary of the UN Declaration of Human Rights, a freelance journalist from Mexico, Lydia Cacho Ribeiro has been awarded the World Press Freedom Prize for her efforts to expose political corruption, organized crime and domestic violence in the face of death threats, an attempt on her life and legal battles...

What Gunns says goes in Tassie

Posted on May 01, 2008
"Commercial in confidence" gets a solid workout in freedom of information land, but the response by the Tasmanian Department of Economic Development and Tourism denying access to all documents requested by The Greens relating to the proposed water and effluent pipeline for Gunns? Tamar Valley Pulp Mill, stretches the concept way beyond the limit- to cover anything that Gunns says it covers, no matter how innocuous or significant:"There is an explicit arrangement between the agency and Gunns Limited that information will be only communicated on the understanding that it is in the strictest confidence...

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