International Law

Plus ca change.......

Posted on August 28, 2008

Australian Privacy Awards

Posted on August 28, 2008

PM puts shoulder to the wheel on increased transparency for schools

Posted on August 27, 2008

Who knows about Privacy Awareness Week?

Posted on August 25, 2008

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FOI delivers on medical mistakes,but oh so slowly

Posted on August 25, 2008

Cost cutting and accountability

Posted on August 23, 2008

Lateness not a fatal flaw to NSWADT jurisdiction

Posted on August 21, 2008

Two takes on climate of disclosure

Posted on August 21, 2008

Queensland tahkes gold on FOI reform

Posted on August 20, 2008

Accentuate the positive, or a hole in the bucket?

Posted on August 20, 2008

More the merrier as FOI reform crops up in the west

Posted on August 19, 2008
Not to be left out, the Opposition in WA have now hopped on board the integrity, honesty and transparency train.

Tassie joins improved accountability and transparency push

Posted on August 19, 2008
Tasmanian Premier David Bartlett has announced a 10 point plan to "clean up the mess " includingA review of the Freedom of Information Act, including more staff and resources. Improved protection for whistleblowers. A register for lobbyists. Strengthened codes of conduct for ministers, parliamentarians and ministerial staff...

Media Watch on the media and privacy

Posted on August 19, 2008
Last night's ABC TV's Media Watch was devoted entirely to discussion of the Australian Law Reform Commission proposal for an action for breach of privacy, and media reaction or overreaction, depending on your point of view. It followed themes commented on here last week...

FOI delivers grist to the right to know in WA campaign

Posted on August 14, 2008
Documents obtained under the Freedom of Information Act have partly been responsible for keeping the explosion at the natural gas plant at Varanus Island on the front pages in Perth during the state election campaign.Who could disagree with Opposition Treasury spokesman,(ahem) Troy Buswell: "The people of Western Australia deserve to know the truth...

Welcome call for calmer consideration

Posted on August 14, 2008
Glad to see that a couple of other media wise men have joined others such as Matthew Ricketson and Jack Waterford mentioned here yesterday, to blow the whistle on some of the over the top reaction to the Australian Law Reform Commission proposal for a cause of action for breach of privacy...

Privacy cause of action commentariat in the ring

Posted on August 14, 2008
The match up continues today with some in the red corner, others in the blue, and still evidence that some critics of the statutory cause of action haven't quite come to grips with the proposal. So David Flint in The Australian observes: "Extraordinarily, there is no defence of public interest, something which had been in the earlier discussion paper...

Wisdom of experience from former Victorian Premier

Posted on August 13, 2008
John Cain was Premier of Victoria when the Freedom of Information Act was introduced in 1983. In the Herald Sun today he reflects on some of the lessons learnt through experience since, and offers some advice to those currently at the helm of the state Labor Government...

Getting the balance right reporting on the ALRC privacy report

Posted on August 12, 2008
The coverage of the ALRC privacy reform proposals, particularly the proposed cause of action for breach of privacy, in some media seems somewhat inaccurate and a little over the top. All of the following are from The AustralianIt started yesterday with"Privacy laws to protect celebrities": One of the 295 recommendations is for "the Government (to) legislate to introduce a privacy law for the first time...

Is frenzy the right word?

Posted on August 12, 2008
There are plenty more opinions about privacy reform proposals to come, but Matthew Ricketson in The Age today seems to share the view expressed here yesterday about the "end of the world as we know it" line running strongly in some sections of the media:"In the weeks leading up to the release of the Australian Law Reform Commission's massive report on privacy, the Right to Know coalition has been sounding the alarm at the prospect of a new law against invasion of privacy...

In the NSW ADT, what an agency says about documents held, goes.

Posted on August 12, 2008
The new harsh reality arising from the NSW Court of Appeal decision that the Administrative Decisions Tribunal cannot look behind an agency claim about what relevant documents are held is captured in this Tribunal decision dismissing a review application:"In the course of his reasons, Basten JA noted that the Commonwealth Freedom of Information Act 1982 is drafted differently...

Another battle pits vested interest against public benefits from transparency

Posted on August 12, 2008
Of course Acting Prime Minister Julia Gillard is right in taking every opportunity to get the message out that we need greater transparency about school performance. In a long list of interviews she has pushed the issue along in recent weeks with this basic theme:"I would like to see performance information for schools available in the public domain and available most particularly to parents...

ALRC Privacy report hits the deck with a bang-all 2700 pages

Posted on August 11, 2008
The Final Report on the Australian Law Reform Commission review of Australia's privacy laws has been released today together with detailed briefing notes, listed below. At 2677 pages in three volumes, there is plenty of fine print, and from what I heard today, the Government plans to take time for further reflection with legislation 12-18 months down the track...

Federal Court FOI decision broadens scope for access to court documents

Posted on August 11, 2008
The decision by Justice Gray of the Federal Court of Australia in Bienstein v Family Court of Australia [2008] FCA 1138 will provoke lively interest around the country, particularly from our best legal minds, as it examines what documents held by a court relate to" matters of an administrative nature", and, as a result, are subject to the Freedom of Information Act...

Queensland shows others clean heels on FOI reform

Posted on August 11, 2008
Queensland Premier Anna Bligh says the Government will respond to the recommendations in the Solomon Review of the Freedom of Information Act this month, as promised.

Northern Territory Treasury guards royalty payments "in the public interest"

Posted on August 10, 2008
The Northern Territory is in the news following a surprisingly tight election on Saturday. As well, a rare Freedom of Information story made it into the Northern Territory News as a result of a Treasury decision to refuse a request for information concerning royalty payments from individual mining projects in the Territory...

High Court FOI decision puts Osland case back for reconsideration

Posted on August 07, 2008
The High Court of Australia, by a 5-1 majority has allowed an appeal by Marjorie Osland against a decision of the Victorian Court of Appeal concerning access under the Victorian Freedom of Information Act to advice provided to the Attorney General by three prominent lawyers to deny her petition for pardon for a murder conviction...

Canberra two-step

Posted on August 07, 2008
In this review of recent Federal developments in Club Troppo (and this week's Public Sector Informant in The Canberra Times), former senior public servant Stephen Bartos, now with the Allen Consulting Group, is on the money about the good move to abolish conclusive certificates under the Freedom of Information Act; disappointment at what we are seeing in practice in secrecy in the Haneef inquiry; and failure so far to follow outstanding models from elsewhere in the publication of important information about performance and other aspects of government.

FOI academics can teach too.

Posted on August 06, 2008
It's a good sign for future interest in freedom of information that three academics who follow the subject closely have been recognised in the 2008 Australian Learning and Teaching Council Citations for Outstanding Contributions to Student Learning.Congratulations all roundRick Snell of the University of Tasmania:"For an outstanding capacity to inspire and encourage student learning across the undergraduate law degree from first-year to final year students"Professor Rick Sarre of the University of South Australia:"For sustained excellence in course development and presentation that continues to motivate and inspire students of law and which has successfully integrated research with teaching"Associate Professor Stephen Lamble ( and Ms Gillian Cowden) of the University of the Sunshine Coast: "For creating innovative curricula and developing research informed teaching resources that enhance graduate employment opportunities in the profession of journalism"

Still waiting for promised review of NSW secrecy laws

Posted on August 06, 2008
The Federal Attorney General's decision to have the Australian Law Reform Commission take another look at secrecy provisions in laws, and related issues, serves as a reminder that in NSW there has never been a similar review, despite an undertaking at the time the Freedom of Information Act was passed 20 years agoThis is what was said by the minister managing the matter in Parliament during debate on Clause 12 0f Schedule 1 of the Bill,which exempts a document where disclosure would constitute an offence against another act:"The Premier has indicated that consideration will be given to reviewing the secrecy provisions of the individual legislation...

Name and shame thinking doesn't alter attachment to old ways

Posted on August 05, 2008
California Association of Child Care"Name and shame" rolls off the ministerial tongue easily these days in NSW- first in connection with a website to list penalty notices issued for serious non-compliance with food safety standards; this week, the Premier used these words in announcing a website to publish details of successful prosecutions for breach of regulations by pre-schools and child care centres...

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