International Law

Secrecy still trumps, mostly, for E Timor Sitreps 35 years on

Posted on March 29, 2011
The subbie who wrote the headline"Secrets of E Timor invasion to be revealed" to the report of an Administrative Appeals Tribunal decision in today's Sydney Morning Herald was way ahead of the game.  President Downes in Clinton Fernandes and National Archives of Australia [2011] AATA 202 found 250 lines spread across 42  documents, all 35 years old, were not exempt as claimed under s 33 of the Archives Act...

Kessing conviction shakier by the week

Posted on March 28, 2011
Chris Merritt in The Australian on Friday wrote these articles that will bring you up to speed on ongoing revelations that cast doubt on the soundness of the conviction of Allan Kessing: AFP under fire  and Inquiry needed.  A week earlier  Kessing's barrister Peter Lowe also wrote about the Prosecution's failure to bring relevant material to attention, identifying a broader issue: The problem with disclosure of material in the possession of the CDPP (including AFP and Customs) is that there is no statutory basis in the federal sphere requiring disclosure...

NSW speaks up for a return to integrity in public life

Posted on March 27, 2011
No one would be surprised that "restoring integrity to public life" was fourth (8%) in the top five issues listed as the highest priority for government after Saturday's election in NSW, according to the print version of this article (p 8) about results of a Herald/Neilsen Poll...

Belcher report makes it onto the table

Posted on March 25, 2011
The Belcher Report on Parliamentarians entitlements was tabled in Parliament yesterday, close to a year after it was completed, when Special Minister of State introduced legislation to address some recommendations, with a fair bit of flourish about the importance of greater transparency...

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Federal shield law done and dusted

Posted on March 23, 2011
The House of Representatives accepted the Senate amendments to the Evidence Amendment (Journalists? Privilege) Bill 2010 in a 72-70 vote on Monday, with the Opposition voting against. (House Hansard 21 March p 23) Front bencher Michael Keenan stuck to the "rue the day" line adopted in the Senate by Shadow Attorney General Senator Brandis: If these amendments from the Australian Greens were to be adopted, the whole purpose of this bill would be massively expanded beyond its original conception, which is to protect journalists? sources in defined circumstances...

See you in Canberra, maybe?

Posted on March 22, 2011
I will be in Canberra for the next three days at the National Information Law Conference 2011, courtesy of the organisers, Australian Government Solicitors', so look forward to catching up with any of you who are there. Good to see that the Queensland Information Commissioner has snaffled Deputy UK Information Commissioner Graham Smith for a couple of sessions in Brisbane for agency officers...

An exchange with NSW Greens Dr John Kaye, MLC, about disclosure of political donations in NSW.

Posted on March 22, 2011
Email 13 March 2011.Dr Kaye, Last November when changes were passed to the NSW laws regarding political donations I emailed you asking why the disclosure requirements, previously every six months had now become a 12 month obligation, and why we weren?t within a bull?s roar of real time disclosure...

Tasmania, the quietest reform state

Posted on March 22, 2011
The Australian Information Commissioner, Queensland Information Commissioner and NSW Information Commissioner are maintaining variable but reasonable flows of information about implementation of access to information reform activities, and their respective review functions...

"In relation to in respect of" NBN commercial activities before Senate this week

Posted on March 21, 2011
NBN Co legislation that addresses a range of issues including bringing the company under the Freedom of Information Act (to some degree) is before the Senate this week. The legislation was the subject of this report by the Environment and Communications Legislation Committee last week...

Governments argue for narrow interpretation of Lange freedom of communication principles

Posted on March 21, 2011
In the recent High Court decision in Hogan v Hinch [2007 2011] HCA 4 our rather thin right to freedom of political communication received an airing, with the Commonwealth and the states putting some views about the interpretation of the Lange principles...

Views sought on Publication Scheme and Disclosure logs

Posted on March 21, 2011
The Office of Australian Information Commissioner has two papers out for comment by 28 March, both on aspects of the FOI reforms to commence on 1 May: a Publication Scheme draft using that office as the model, and a Discussion Paper, Disclosure Log. Bradford District Care Trust (UK) The Publication Scheme draft (p 8) commendably indicates the OAIC intends to go beyond the mandatory publication requirement to publish additional information about priorities, finances, lists including agency contracts, grants and appointments, and links to data sets, submissions to other bodies, and policies...

FOI 101: read the act and Guidelines urges Commissioner.

Posted on March 18, 2011
The Australian Information Commissioner, as reported by Sean Parnell in The Australian today:"The message of cultural change has certainly got across, including at the highest levels in government," Professor McMillan said. "But I'm also struck by the number of instances in which officials making decisions have just not adequately read the new act or the guidelines...

We have sunshine, but no Sunshine Week

Posted on March 17, 2011
 Sunshine Week this week in the US, the annual national initiative led by the American Society of Newspaper Editors to promote a dialogue about the importance of open government and freedom of information. Participants include news media, civic groups, libraries, nonprofits, schools and others interested in the public's right to know...

Minister's Gov 2.0 invitation-take our data, and multiply

Posted on March 15, 2011
General applause for the new Australian Government data.gov.au website launched by this blog post from Special Minister of State Garry Gray, with the invitation "to explore, access and reuse the data available on the site." Stephen Collins in commenting says" Hooray! Not before time...

Public interest chesnuts and the impact of the amended FOI act

Posted on March 15, 2011
A decision in February by Senior Member Professor Creyke of the Administrative Appeals Tribunal in Gilligan and Australian Securities and Investment Commission [2011] AATA 104 reminds why some of us hope that aspects of the jurisprudence on the Freedom of Information Act  as it was before 1 November will be displaced by decisions of the Australian Information/ Freedom of information Commissioner, the AAT and the courts, in proceedings based on the law as amended from that date...

South Australia stuck in pre-reform FOI era

Posted on March 14, 2011
If anyone can get beyond this page to the South Australian Hansard they might give me the link to debate in the state parliament on 10 March on an unsuccessful Opposition move to allow five hours free processing for journalist Freedom of Information applications...

Australian Information Commissioner on the first quarter

Posted on March 14, 2011
In a welcome development the Australian Information Commissioner has put information on the record about the first three months of operation of the new Freedom of Information regime and the operation of his office. Whether applicants and users of the act fully subscribe to this sentiment remains to be seenThe Australian Information Commissioner, Professor John McMillan, said he is impressed by how Australian Government agencies have embraced the notion of government information as a national resource...

Queensland Information Commissioner delivers a "could do better" report on publication schemes

Posted on March 14, 2011
WikiMedia Commons-Acf The Queensland Information Commissioner has published this report on desk top audits of 81 agency websites for compliance with publishing requirements of the Right to information Act and the notification principles under the Information Privacy Act, during the period 1 January-31 December 2010...

A DFAT FOI case study- in excessive caution

Posted on March 08, 2011
In commenting on Fergus Hanson's paper about e-diplomacy last November I opined  that Australia's approach to transparency in the management of foreign policy and the conduct of international relations was marked by excessive secrecy and an abundance of caution...

NeHTA not a FOIer

Posted on March 07, 2011
When posing the question the other day about what other government related entities, like NBN Co (until amending legislation passes), are outside the scope of the Commonwealth Freedom of Information Act, I was unaware of the exchange below during the course of questioning of officers of the Office of Australian Information Commissioner in Senate Estimates...

Victoria-breaking the culture of secrecy, not, well not yet anyway

Posted on March 07, 2011
Victorian Premier Ted Baillieu has defended himself from charges he moved too slowly on reform in the first 100 days in office but it's true little has been said or done publicly regarding integrity issues in that time. Meanwhile on transparency it's business as usual in some agencies at least...

NSW privacy commissioner appointment disappears in pre-election melee

Posted on March 06, 2011
Some might say just typical of the current NSW Government's form on privacy issues for much of the last decade. In October last year the aforementioned NSW Attorney General John Hatzistergos (left) sought expressions of interest by 8 November for appointment as part time commissioner for a fixed term of up to five years...

NSW set for a much needed new start on integrity

Posted on March 06, 2011
I don't need to waste your time or mine on what a re-elected ALP government would do if it wins the NSW state election on 26 March. It's not even a remote possibility. Attorney General Hatzistergos speaking in the Premier's stead to the Institute of Public Administration (NSW) about the Government's vision and plans for the future of the public sector last month had  nothing about the future to say, The Attorney said the Premier's Department thought it too political to provide the usual briefing materials...

Journalists crack a federal shield law

Posted on March 04, 2011
Having suggested WikiLeaks would add further complications to passage of a federal law to protect journalists' sources, I was proved wrong on Friday morning at 1.20 am when neither WikiLeaks nor the name Assange were mentioned as the Senate passed the Evidence Amendment (Journalists Privilege) Bill 2010...

FOI exclusion for NBN Co's commercial activities

Posted on March 03, 2011
Adam Bandt The details of the agreement between the Government and The Greens to bring NBN Co in under the Commonwealth Freedom of Information Act are in a bill passed by the House of Representatives on Tuesday and which is now before a Senate committee...

Kessing whistleblower conviction unsound as well as unjust

Posted on March 03, 2011
Good on Chris Merritt and The Australian for continuing to draw attention to developments concerning Allan Kessing and his conviction for a breach of section 70 of the Commonwealth Crimes Act, and again pushing the case for justice for him in these articles today...

Canberra keeps the lid on names of those who don't cut it on food hygiene

Posted on March 02, 2011
The ACT is the latest battleground regarding transparency and compliance with food hygiene standards.Markus Mannheim in The Canberra Times on 26 February (Let the public digest the truth:it's not always dangerous"-no link available) recounted:I sought access, under freedom of information law, to ACT Health's food inspection reports, not because Canberrans are succumbing to an epidemic of poisoning but because I believe information produced for the public belongs to the public...

While I've been otherwise preoccupied.....

Posted on February 28, 2011
Time flies, although Freakonomics  suggests I'm simply showing my age. Six weeks travel went like that and I'm sure I missed a lot. Readers contributions on noteworthy matters are welcome. From an initial quick browse before boarding a plane, I note: The imbroglio over the role of the Australian Information Commissioner in determining issues associated with the Government's resistance to producing documents as required by a senate order...

Aiyaiyayai!

Posted on February 26, 2011
I'm in San Francisco gearing up for the flight home early next week, but a week ago spent a little time in Acapulco Mexico, a micro Gold Coast, where apart from the sparkling beach, the most enduring image is of a lot of guys in uniform standing around with machine guns...

The view from Mexico

Posted on February 17, 2011
I'm in Mexico after brief stops in Colombia, Panama and Costa Rica. Mexico's freedom of information law rated very highly in Toby Rendell's 2008 survey, but implementation generally has been hard going with some backsliding as explained by Tom Blanton of the National Security Archive, who I saw when I was in Washington recently...

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