NSW GOVERNMENT AGENCIES OPENLY ABUSE THIS SITE!
Why would any NSW government agency be so interested in abusing the information contained on this public service website?
Thus far it's proven a very effective means of illegitimately obstructing access to government information, and more importantly it's a great way to maintain the long-established narrative to the NSW Civil & Administrative Tribunal, NCAT, the judiciary issuing precedent caselaw, that the public need to be controlled and information should be withheld.
That control includes limiting if not all together preventing legitimate access to NSW government information.
Additionally, agency personnel seem delighted they get more information which supports poor decision-making and enables dodging of accountability.
But much worse, if that were possible, are NSW Government Agencies using the information on this Site to secure gag orders under the NCAT Act 2013 Section 64, orders which ensure government personnel acting inappropriately are protected from broader public scrutiny.
Circumventing the GIPA Act 2009 Section 73, which states information released cannot be conditional of any constraints, is also easy when Agencies successfully claim copyright protection over various records. Prominent Sydney Solicitor, Dr Lindsay Taylor of Lindsay Taylor Lawyers stated in August 2020 QUOTE “The Section (73) has been referred to somewhat carelessly by the New South Wales Civil & Administrative Tribunal on several occasions in support of the proposition that the release of information under the GIPA Act is a release to the world” UNQUOTE. And yet the NCAT continues to refer to and allow the 'release to the world' premise of NSW government agencies, additionally preventing legitimate access to information.
Hmmm, "Section 73 of the GIPA Act 2009 has been referred to carelessly by NCAT..............." Unrepresented parties really do need the Tribunal to do so much better. This section makes clear agencies cannot put any constraints on information rightfully released. This doesn't stop them waving the flag of "disclosed to the world at large", which NCAT sees as a valid point albeit there is nothing in the legislation supporting this.
In addition to NCAT's misinterpretting the legislation, NSW Government personnel have direct access to publicly funded legal teams who work extremely hard to shield them from being identified in published caselaw decisions.
It's an attitude of supreme superiority, where the general public are treated as a sub-species in the judicial review arena, where there is no equality, and most definitely no access to unlimited legal resources paid for by someone else. So much for the Rule of Law.
How deep do these attitudes of superiority go? And where do they emanate from?
The attitude of supreme superiority is extremely deeply entrenched and eminates from the top solicitors in the state of NSW, that is the Office of the NSW Crown Solicitor and Justice NSW, every one of which is paid for by tax payer money.
The Table below lists NSW government agency GIPA and PPIP Determinations, and the cases and solicitors thus far who do not hesitate to breach our clear copyright notification on every page of this Site for the specific purpose of validating their Determinations at first instance, supporting secondary administrative decisions, and thereafter securing evidence to ensure Applications to NCAT for gag orders / non-publication orders are successful!
What's always interesting is just exactly what media release creates the highest interest, and who's over-sensitive feelings claim to be irrepairably inflamed..............
Thus far the Office of the NSW Information & Privacy Commissioner (IPC) and NSW Civil & Administrative Tribunal (NCAT) do not appear to express any concern about this breach of copyright by the State's top solicitors, behaviours evidenced as a cultural norm.
The current rules of evidence in NCAT proceedings, being there are no rules of evidence, actually allows for this kind of behaviour.
As more instances of abuse of the information on this Site occur, the public will continue to be informed.
Currently, Justice NSW - Open Government Information & Privacy Unit (gotta love that title) holds the lead position for abusing this Site, followed by the infamous Port Stephens Council; and the Site Administrator thanks you all for continually raising our statistics and ranking.
Currently, Justice NSW - Open Government Information & Privacy Unit (gotta love that title) holds the lead position for abusing this Site, followed by the infamous Port Stephens Council; and the Site Administrator thanks you all for continually raising our statistics and ranking.
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Copyright: https://pixabay.com/illustrations/horse-horses-racehorse-racehorses-316959/
It is evident by the constant surveillance and trolling of this Site, NSW government agencies see NSW Freedom of Information as a valuable resource to be used against the public. They also see this Site as a real threat to the kingdoms they've built for personal and financial gain, to the detriment of the public they are placed to serve. NB: Agencies also trawl social media platforms...........
"It is not the critic who counts, not the man who points out how the strong man stumbles or where the door of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust, sweat and blood, who strives valiantly, who us? Who comes to short again and again because there is no effort without error and shortcoming. But who does this actually strive to do the deeds? Who knows great enthusiasms, the great devotions? Who spends himself in a worthy cause, who at the best knows, in the end, the triumph of high achievement and who at the worst, if he fails, at least fails while daring greatly so that his place shall never be with those cold and timid souls who neither know victory nor defeat," Theodore Roosevelt, ex-President USA.
Current tally for instances of abuse-of-this-site as at 14th December 2024 (click on the links below):
NSW Freedom of Information would like the public's perspective of our State's most prestigious solicitors and Agency Right to Information Officers using the public's information against it, and what action it feels should be taken against Officers of the Court and those with trusted delegated authority behaving in such undermining ways against individuals who are thus far not legally represented, not legally trained, and are not legally qualified.
If you would like to submit a comment please complete the form below:
Your Feedback:
Details Withheld, 25.01.2025
"Great work and amazing courage Telina Webb! It's easy to be intimidated by these thugs, and they are mostly bullies and thugs; the same individuals have policies setting out deemed unacceptable behaviours from the public, but they are doing it themselves. We need more people speaking out and shining a light on how our public servants behave. Your articles and information are extremely well-written and unnecessarily polite. Some would have been much harsher. Very professional."
Webb, T, 29.08.2023
"It's getting much worse, now Justice NSW is asserting that media publications and public commentary constitute a risk of serious harm, harassment, or serious intimidation to the subject of the article by being identified. However, without identification how does the public hold agency personnel to account or stamp out corrupt conduct? The irony is my publications are public, I don't hide behind anything or anyone. But Agency personnel DO hide, and at great expense to the public; requesting the public's personal information from department to department, compiling damaging dossiers behind closed doors, breaching the public's privacy, unlawfully sharing the public's personal information, labeling and singling out people as unknowing targets. Thus far the message remains clearly consistent, "agencies want to maintian their ability to continue to practice abhorently, but protest loudly when the public speaks about such conduct out in plain sight!" I seriously doubt this is what Nathan Rees envisaged when he introduced the Government Information (Public Access) Act 2009, a piece of legislation intended to hail in a new kind of attitude to the greater release of government information. It's not new legislation the public needs, it's a new generation of forward-thinking consultative open transparent government employees."
Webb, T, 10.05.2023
"Nothing more than ongoing endeavours to control and extinguish the public's democratic right to express opinions and share information in accordance with the United Nations Universal Declaration of Human Rights. Unlike NSW Government Agencies who operate in deceiptful covert fashion, breaching the public's privacy and abusing legislated rights to access basic government information, I continue to speak openly and transparently and at every opportunity. The government continues to give the clear message "don't do as I do, but do as I say", where the examples of what's considered appropriate and normal by NSW Government employees does not align in any way with the efforts to control the public's behaviours and efforts to access the laws. Regrettably, I have personal experience of NSW Government employees exemplifying extraordinary instances of positive professional and ethical conduct which can be counted on one hand. This Site continues to shine a light on hundreds of instances of the exact opposite."
Details withheld, 01.05.2023
"It is absolutely shameful to see evidence of the State's taxpayer funded employees acting in this way, and against the public they are supposed to serve, simply because the public asks for government information??? We should not be surprised though. Such people are self-serving, protecting their own jobs, and willingly mis-placing loyalties in order to give blind support to governmental associates. I agree this kind of conduct breaches the Model Litigant Policy on every level. Trying to bring accountability however is extremely difficult for those outside the tight 'circle of trust'. Looking forward to this Site continuing to expose misconduct. I believe exposing what's happening and who's doing it is very powerful."
ncat-complaints-ncat-abuse.com, 23.03.2023"All NSW citizens / taxpayers should be gravely concerned about the fact that the NCAT President is Lea Armstrong, former NSW Crown Solicitor. The Crown Solicitor is required to provide exclusive & specialist legal representation to protect the government against litigation (one could argue to protect the government "at all costs") (BTW the federal version of NCAT, the Administrative Decisions Tribunal is to be abolished due to "stacking" of the tribunal with"associates / mates" of the government of the day (Liberals. As reported on 4 corners)). The Crown Solicitors Office (CSO) provides that exclusive & specialist legal services to NSW government agencies who unreasonably & unfairly fight to restrict the publics access to government information (allegedly breaching their statutory obligations to promote the object of the GIPA Act). This wastes considerable public funds & would appear to breach the governments Model Litigant Policy when facing self-represented parties who have no legal qualifications and nowhere near the resources of the CSO & government agency. The NCAT annual report provides details on tribunal members and it should be noted that some tribunal members are former Assistant Crown Solicitors / CSO solicitors who make decisions in proceedings where their former "colleagues" represent the government agency. NSW citizens / taxpayers should be gravely concerned that the tribunal permits the CSO a louder "voice" & undue influence to actively obstruct & deny the public their legislated rights under the beneficial legislation of the GIPA Act 2009."
Forcin - Friends of Royal Commission Into NCAT, 23.12.2022
"Unfortunately, the Government Information (Public Access) Act 2009 (NSW) in conjunction with the Civil and Administrative Tribunal Act 2013 (NSW) are being misused to limit the freedom of speech in NSW. This is a silent crisis unfolding before everyone's eyes."