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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

NSW GI law to replace Freedom of Information

Posted on June 17, 2009
The NSW Government has published on the Department of Premier and Cabinet website most of the 57 submissions received on the (now to be titled) Government Information (Public Access) Bill, together with the (mostly reasonable) Government response to submissions, and has introduced the legislation into State Parliament today, apparently with the intention it will pass through all stages immediately...

Hat tip to those involved in NSW GI Bill

Posted on June 17, 2009
The NSW Government Information (Public Access) Bill and related legislation only got to initial reading stage in the Legislative Assembly yesterday, with the Premier Nathan Rees (copy of the statement here) outlining the key features and government policy that underpins the changes...

Much needed reforms proposed for secrecy laws

Posted on June 17, 2009
The Australian Law Reform Commission Discussion Paper on secrecy provisions in federal laws was released today with 65 proposals for change. ALRC President David Weisbrot said the proposals involve major changes to the treatment of secrecy in statutes, currently "507 secrecy provisions scattered across 175 pieces of legislation, including 358 distinct secrecy offences carrying a wide variety of criminal penalties...

Government 2.0 discussion opens up

Posted on June 16, 2009
Open government and what it should mean in the digital age has had a kick along in the UK, with the Government's appointment of internet founder Sir Tim Berners-Lee to advise on how to make government information more open and accessible. Read all about it on the UK Cabinet Office Blog (now there's an idea)...

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Papers catch up from lavish quarters in HK

Posted on June 14, 2009
Just a couple of things from a quick browse of the papers at home.Peter van Onselen writing in The Weekend Australian thinks the arrival of Senator Joe Ludwig as Special Minister of State and Cabinet Secretary signals it's game up for much of Senator Faulkner's integrity in government agenda...

New surrounds, familiar themes

Posted on June 11, 2009
I'm in Hong Kong for a few days,but there is no escape: according to today's paper 77% of respondents to a Democratic Party survey said they wanted the government to enact new freedom of information legislation; 55 % thought press freedom in Hong Kong had deteriorated in the past two years; 54% believed the media had exercised self-censorship.

FOI sword sheathed

Posted on June 11, 2009
Telstra under former boss Sol Trujillo sure knew how to wage war- 55 Freedom of Information applications in one month last year!! Acording to Business Spectator, Telstra sought documents it hoped would show the Australian Competition and Consumer Commission (ACCC) had been involved in setting up the G9 consortium seeking to compete with Telstra in discussions with the Government about the building of a fibre-based national broadband network...

Ministers and staffers our biggest transparency challenges

Posted on June 10, 2009
Andrew Podger is one of our best and most experienced in terms of the way government works , so his comments about transparency-that the biggest cultural change is necessary at the ministerial and ministerial staff level-are apposite. See the third video here at 7...

Food hygiene coming out of the cupboard

Posted on June 10, 2009
A reader-Fitzroyalty, a blog on matters of local interest in the Melbourne suburb of Fitzroy - is doing battle, with some success with the local council over access to food hygiene inspection reports. Another blog, Lifehacker, gives an overview of available information on such things around the country, but I wouldn't make much of any "come-clean" (sorry) performance other than NSW-WA and SA are only publishing in a convenient form, conviction information already in the public domain...

Claims about "advice to Government" don't wash with Harry

Posted on June 09, 2009
Harry Evans Sydney Morning HeraldThe Clerk of the Senate Harry Evans has given a preliminary report to Senator Cormann (Liberal WA) on the compliance of witnesses over two weeks of Senate Estimates hearings with a Senate Order passed on 13 May on the Senator's motion, relating to public interest immunity claims in the course of witness response to questions...

Ludwig steps up to reform challenge

Posted on June 08, 2009
Welcome Senator Joe Ludwig, the newly appointed Special Minister of State and Cabinet Secretary who hopefully will keep things moving on Labor's governance reforms including Freedom of Information and privacy.Senator Ludwig has some familiarity with the issues having been Shadow Attorney General prior to the 2007 election...

"Disclosure to the world" not an automatic presumption in NSW

Posted on June 08, 2009
The NSW Administrative Decisions Appeal Panel has taken another look at whether "disclosure to the world" should be the default position in considering whether release of documents containing information about the personal affairs of someone other than the applicant under the NSW Freedom of Information Act was unreasonable...

Submission on NSW Open Government Information Bill

Posted on June 08, 2009
My submission on the NSW Open Government Information Public Consultation Draft may be of interest. The comment at the time that it is close to a gold star effort still stands. The drafters have set a new standard for plain-English.There are many positive features but of course, room for improvement- about 12 pages worth by mine.

Faulkner to the front line at Defence.

Posted on June 05, 2009
Minister of State and Cabinet Secretary Senator John Faulkner has been appointed Minister for Defence, so the open government, accountability and integrity causes lose a good steward, at least from direct carriage of the reform agenda. Defence on the other hand will need to get ready for a shift in gears...

No names of recalcitrant parliamentarians with signature block

Posted on June 04, 2009
On another aspect of accountability, Finance officials told the Senate Finance and Public Administration Estimates hearing last Thursday (28/5/2009) that most senators and members of parliament have been certifying that Department of Finance expenditure for payments made on their behalf were properly incurred...

Transparency should be something more than "tabled in Parliament"

Posted on June 04, 2009
The Senate Finance and Public Administration Committee Estimates hearings last Thursday (28/5/2009) for the Department of Finance and Deregulation involved questions concerning the Ministerial and Parliamentary Services Branch of the Department- with $390 million including $45 million in entitlements for parliamentarians under scrutiny...

Defence shelters detail

Posted on June 04, 2009
The resignation of Defence Minister Joel Fitzgibbon for failure to fully adhere to the Ministerial Code of Conduct serves to highlight the importance of those interminable Estimates hearings. As The Age points out the end came-following months of scrutiny and adjustments to his declaration of interests- because of inaccuracies revealed in questioning Defence officials yesterday about "undertakings that the minister made publicly in March about his role in the lobbying activities of his brother...

There goes the neighbourhood.

Posted on June 03, 2009
http://farm1.static.flickr.comThe US government mistakenly posted on the web (since removed) a 266-page report, marked ?highly confidential,? that details hundreds of nuclear sites and programs, as reported in the New York Times. Makes Australian Foreign Minister Stephen Smith by comparison, a paragon in handling sensitive documents...

Queensland's Bligh first into the new era

Posted on June 03, 2009
The Queensland Parliament passed the Government's Right to Information and (Public Sector) Information Privacy bills on Tuesday, both supported by the Opposition. The only amendments approved to the bills as introduced were the Government's technical amendments...

Business community pads up for open government era

Posted on June 02, 2009
In a submission (28) to the Department of Prime Minister and Cabinet, the Australian Chamber of Commerce and Industry raises concerns about, and opposition to, proposed changes to the business affairs exemption in the Commonwealth Freedom of Information Act, and questions the necessity of a planned reference to the Australian Law Reform Commission regarding possible extension of FOI to the private sector...

Opening the books

Posted on June 02, 2009
Julie Novak in "Shine a light on government spending" in today's Canberra Times illustrates with some international comparisons what information about public finances we should expect from governments, and the benefits:"There is much for Australian governments to do to open the books on their activities across the board than just printing budget papers and creating websites for portions of total expenditure...

More disclosure might break "gotcha " reporting

Posted on June 02, 2009
Markus Mannheim Editor of the Canberra Times Public Service Informant supplement in this month's edition (no link available) says the "gotcha" element in media reporting on government is the result of overmanaged media relations and excessive secrecy:"Only disclosure can end this cycle...

NSW OGI submissions due today.

Posted on June 02, 2009
If you have views about the Consultation Draft of the NSW Open Government Information Bill, a reminder submissions close today, not 15 June as originally mentioned on an earlier post here. I'm still scrambling but will get something off by the end of the day.

Government grants set for a little more rigour from July

Posted on June 01, 2009
New rules are scheduled for Commonwealth grants from 1 July 2009, including-this is new?- an obligation on ministers and officials to record why a particular grant is an efficient and effective use of public money. Would be interesting to know the level of compliance with the other new requirement since 1 January to publish details of grants on each agency website- but no-one asked in Estimates last week...

Senate questions for Operation Sunlight and budget transparency

Posted on June 01, 2009
Senate Estimates (Finance and Public Administration 27/5/2009 at 88-89) examination of the Department of Finance and Deregulation last week saw questions asked about Operation Sunlight. Nothing new, or startling but here is an edited version.Senator CAMERON?...

NSW Ombudsman pushes child models' treatment into the open

Posted on June 01, 2009
Julie GaleThe following is a media release from Kids Free 2B Kids - distributed by AAP MediaNet. The basis of the exemption claim by the NSW Office of the Children's Guardian which held this up for a year is not specified, nor details of what has now been released after the intervention of the Ombudsman...

Secrecy and transparency in the news

Posted on May 31, 2009
Food inspections report- but no details of which councils inspect, or don'tThe NSW Food Authority published a report on the first six months of inspections of food premises under the partnership agreement with local councils. However the report has omitted the names of councils that have undertaken inspections and related details from each council area -"Public left guessing about food check details"-Sydney Morning Herald...

Some lessons on engaging the public and moving on open government

Posted on May 28, 2009
You might recall I didn't think much of the process that led to the Federal Government's Freedom of Information Reform Exposure Draft- 130 pages of amendments to legislation- plonking onto the table in March. The Draft is now being reconsidered in the light of (41 non-confidential) submissions from the public...

Malcolm Turnbull: Brits should learn about allowances from us

Posted on May 27, 2009
I'm sure it's never a slow day out there in Oppositionland, but Malcolm Turnbull also today sent this response to my article in New Matilda:Peter,I read your piece and cannot agree. The allowances to Australian politicians are very transparent and independently determined...

Access to advice: Senator Cormann responds

Posted on May 27, 2009
The following note from Senator Cormann regarding his exchanges with Minister Faulkner on Monday in Senate Estimates is worth a bit more space than the Comments section allows.Dear Peter,Thank you for your interest in the recent exchange between Senator Faulkner and myself during Senate Estimates...

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