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International Law

Open and Shut

Issues associated with Freedom of Information (FOI) and privacy legislation in Australia as well as privacy issues generally.

Post Frequency: 4/day

Last Entry: October 30, 2020 at 10:02:02

Wild west suddenly finds document treasure trove

Posted on February 21, 2008
On the other side of the country, the dramas about the contacts between the former Head of the Department of Health and Brian Burke took another turn yesterday when the Minister released more than 300 pages of internal Health Department documents relating to the affair...

NSW should give honesty and transparency a try

Posted on February 21, 2008
Photo Sydney Morning HeraldNSW has gone from the 'Premier State' to a state of despair in the last few months, as evidenced by screaming headlines and editorials in today's papers. Ongoing issues about competence now have a whiff of corruption, but with three years and one month to the next election, the government itself is faced with how to dig a way out of these holes of its own making...

Legal privilege should be subject to some qualifications

Posted on February 21, 2008
As the Senate Legal and Constitutional Affairs Committee found earlier in the week, government lawyers can be quick to assert legal professional privilege when questions are raised about advice to government. Privilege is a frequently used exemption when dealing with freedom of information applications in all Australian jurisdictions...

Lots of grey about ministerial code of conduct

Posted on February 20, 2008
Monday was a long day for the Senate Finance and Public Administration Committee and officials from the Department of Prime Minister and Cabinet as they went through the biannual Finance and Public Administration process. They started at 1.30pm and finally wrapped up after 11pm...

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Waterford contrasts Queensland and Canberra on FOI reform

Posted on February 20, 2008
Jack Waterford, editor at large of the Canberra Times and doyen of the journalist's FOI mafia, has given a tick to the fundamental changes to Queensland's Freedom of Information regime suggested in the Solomon review discussion paper.Waterford contrasts this with Canberra where the Government is "quietly" moving on modest reforms...

Officials not bowing to Parliament yet

Posted on February 20, 2008
Those winds of change in Canberra aren't whistling down every corridor.In the Senate Legal and Constitutional Affairs examination of the Attorney General's Department estimates, things were going swimmingly until questions were raised about advice to Ministers...

Happy Birthday to us

Posted on February 18, 2008
February (and nearly 1000 posts later) marks the end of two years for this blog, so thanks to regular readers for your continuing interest, and hullo to those who stumble upon us from time to time. One of the amazing results of the exercise is the interest in developments in this part of the world shown by readers beyond our shores - the stats are that 12% are from the USA, with strong interest from the UK, Canada, New Zealand and others spread around the globe.

New winds in the corridors of power?

Posted on February 17, 2008
This could be just a straw in the wind, or a decision to provide access to documents that turn on the particular facts and circumstances. Then again, it might indicate a new approach by the Rudd Government. In a case involving the Minister for Broadband, Communications and the Digital Economy, and Telstra, the parties reached agreement last week to provide Telstra access to documents about the award of a $958million contract to one of its competitors...

Still in the dark about Albert Park

Posted on February 17, 2008
Two separate decisions by the Victorian Civil and Administrative Tribunal to uphold determinations by the Australian Grand Prix Corporation (a statutory corporation subject to Victoria's Freedom of Information Act) illustrate the significant barriers to access to information concerning the operations of the Corporation in conducting the Grand Prix in Melbourne...

Open government commitment still up there in lights

Posted on February 13, 2008
The Federal Government keeps emphasising its good intentions. This from the Governor General's speech on Tuesday in opening the new session of parliament: "The Australian Government is committed to building a modern Australia capable of meeting the challenges of the future...

Heads up for Sorry Day

Posted on February 12, 2008
A blog concerned with openness and transparency in government can take a little license today to welcome the Prime Minister's historic apology to the 'Stolen Generations' and to express the hope that honesty and decency remain entrenched values in the way we do things in this country.

Australia 2020 Summit topics just a little clearer

Posted on February 12, 2008
There is now a website for the Australia 2020 Summit, which includes details of how to lodge a submission, and/or nominate yourself if you think you might be overlooked in the process and think you have something to offer. It also provides some elaboration of the summit topics...

$157.53 too much to pay when priinciple is at stake

Posted on February 11, 2008
Qualifying for a rebate or remission of freedom of information charges under the Federal Freedom of Information Act has always been tough going, but a recent Administrative Appeals Tribunal decision opens the door just a chink further.The case involved prominent Melbourne businessman Alex Encel who sought access to information about government expenditure on supporting digital television, but then contested the Department's requested for a deposit of $157...

Victorian FOI 'reform' passes lower house

Posted on February 11, 2008
Last week in Victoria saw government aspirations about improving transparency and accountability clash with a hefty dose of reality.The aspiration was there with the release of the 2008 Statement of Government Intentions, with a website devoted to informing the public of the Government's plans and encouraging public input...

NZ review of privacy

Posted on February 11, 2008
The New Zealand Law Reform Commission has published a study paper as the result of stage one of its review or privacy. The paper provides a broad overview of the issues that will be addressed in three further stages. There is a strong emphasis throughout on the need to balance privacy and other interests and values, and to avoid general propositions about privacy that do not reflect the forces at play when considering privacy in a particular context.

Public debate on education funding in the public interest

Posted on February 10, 2008
There is no connection but since the post here last week about lack of transparency concerning government allocation of school funding, a leaked document has been the basis of a number of reports in Fairfax papers of an analysis by the Federal Department of Education that shows all sorts of anomalies...

No place for improved transparency in Shergold reflections

Posted on February 10, 2008
Dr. Peter Shergold, the retiring head of the Department of Prime Minister and Cabinet, has been a dedicated and able public servant, and his reflections on 20 years of service in his valedictory speech last Friday make interesting reading for anyone interested in government affairs...

Political party secrecy - one of world's worst

Posted on February 10, 2008
Stephen Mayne in yesterdays' Sun Herald wrote about political parties and election funding and concluded after looking at returns for the last eight years that "Australia has one of the world's worst financial disclosure systems for political parties"...

No stars for Victorian food report

Posted on February 10, 2008
I'll leave it to the experts to judge the report of the inquiry into food regulation in Victoria by the Competition and Efficiency Commission and the Government response to the report released yesterday. However it's another disappointing result for those who believe greater transparency about breaches of standards would better inform the marketplace, and lead to improved standards, as evidenced by experience elsewhere...

FOI delivers for Daily Telegraph

Posted on February 07, 2008
Photo - Daily TelegraphFreedom of Information diligence award for the week (and its not even finished yet) goes to Kelvin Bissett Investigations Editor of the Daily Telegraph who in the space of 4 days has told us about documents released in response to FOI applications that reveal:Cut price loan perks for Reserve Bank staffHealthy foods that hide fatDetails of the 114 notifications to the Transport Safety Bureau of aircraft safety scaresJohn Howard's $1100 tax payer funded farewell lunch for his ministers after the 24 November election.

Faulkner sticking to his guns on conclusive certificates

Posted on February 07, 2008
Dr. Ken Henry AC - Secretary to the Treasury.The Sydney Morning Herald today gives wider publicity to the revelation here on Tuesday that the Federal Treasury voiced concern to the new government about its election commitment to abolish conclusive certificates - "Treasury battles to keep secrecy laws"...

Education none for three to start the year

Posted on February 06, 2008
Three recent decisions by the NSW Administrative Decisions Tribunal also suggest a 'could do much better' for the Department of Education when it comes to managing Freedom of Information responsibilities. It's worth remembering that the Director General at the time of his appointment last year said he had plans to make more information publicly available...

Fail grade for transparency about education funding

Posted on February 06, 2008
In so many fields, recently health, today education, our governments still don't quite get it when it comes to transparency.Australian governments spend over $30 billion on primary and secondary schools each year. However according to the Australian Council for Educational Research (ACER) lack of transparency means "the process of school funding, including the way in which amounts are calculated distributed and reported upon, is unavailable not only to the wider public but to some extent even to those working in education...

Your right to freedom - not

Posted on February 06, 2008
This editorial in today's Herald Sun highlights the weak nature of Premier Brumby's legislative changes to the Victorian Freedom of Information Act. It's hard to keep a straight face with the proposal to extend the time limit to 75 days when third party consultation is required...

Federal Treasury says: quality of advice at risk from FOI reform

Posted on February 04, 2008
The release of parts of the Federal Treasury's briefing book for the Treasurer, in response to a Freedom of Information application by Channel 7 (FOI Editor Michael McKinnon), was big news last week. Treasury's concern about the economy and the significance of climate change was consistent with the message that ministers have been telling all and sundry since the election...

New Year present for Chinese Consulate

Posted on February 04, 2008
Good luck to Melbourne City Council in its claim (reported in The Age) that all correspondence from the Chinese Consulate is exempt from disclosure because the Chinese Consulate is immune from Freedom of Information laws under the Vienna Convention on diplomatic immunity...

Open government in the top 10 issues facing nation

Posted on February 03, 2008
Great to see that the announcement yesterday by the Prime Minister of the Australia 2020 Summit to help shape a long term strategy for the nation's future includes:"The future of Australian governance: renewed democracy, a more open government (including the role of the media), the structure of the federation and the rights and responsibilities of citizens"The details are in this media release...

Way off the money on timliness of disclosure of political donations

Posted on February 03, 2008
Lots of interest about contributions to political parties as a result of a report released by the Australian Electoral Commission. However a system that discloses information, in some cases up to 19 months after the donation, is not one to be proud of...

Payments of public money should be in the public domain

Posted on January 31, 2008
Verona Burgess in today's Australian Financial Review reports that the Federal Auditor General has again drawn attention to the fact that the remuneration of ministers and executive officers are not included in the Government's Consolidated Financial Statements...

Minister saves media from Keelty's size 12s

Posted on January 31, 2008
Australian Federal Police Commissioner, Mick Keelty, has been left standing quite alone on the deck with his call for a media blackout on terrorism cases until they get to court. Attorney General McClelland in a statement yesterday said "Commissioner Keelty's comments represent his views not those of the Rudd Government"...

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