Series Expose: How to orchestrate a Section 110 Application under the GIPA Act 2009
Episode 7.2: 11.03.2025
Dept of Communities & Justice in-house Dr of Law Increases the Pressure and Lowers the Professional Bar Standard with Bullying Standover Tactics to Deliberately Intimidate Unrepresented Party in NCAT Proceedings. And the Information Commissioner continues to hide in her office, abandoning the public of NSW.
Episode 7.2: 11.03.2025
Dept of Communities & Justice in-house Dr of Law Increases the Pressure and Lowers the Professional Bar Standard with Bullying Standover Tactics to Deliberately Intimidate Unrepresented Party in NCAT Proceedings. And the Information Commissioner continues to hide in her office, abandoning the public of NSW.
The proceedings before the NCAT encompassed (2) two days, 10th and 11th March 2025.
They concerned the Dept of Communities & Justice, Port Stephens Council, and Goulburn Mulwaree Shire Council against unrepresented Respondents Telina Webb Site Administrator of www.nswfreedomofinformation.net and freedom of information advocate, her husband Paul McEwan, and Mr McEwan’s company DraftCom Pty Ltd which has been trading since 1996.
The proceedings concerned a joint application under Section 110 of the GIPA Act 2009, seeking orders to restrain the Respondents from making any request for information to the entirety of the NSW government.
The orders also sought a perpetual timeframe.
Again, the orders sought by these three amigos asked to be applied right across the state of NSW, seeking QUOTE “A restraint order under ss. 110(1) and 110 (3) of the Government Information (Public Access) Act 2009 (‘GIPA Act’) that the respondents, Telina Webb, DraftCom Pty Ltd (CAN 076 511 941) and Paul McEwan indefinitely not be permitted to make an access application to any NSW public sector agency under the GIPA Act, whether solely on their own behalf or acting jointly, or in concert with any other person or entity without first obtaining the Tribunal’s approval,” UNQUOTE.
A secondary order sought protection of ‘confidential submissions’ made by each of the witnesses who had apparently claimed their feelings had been hurt by legitimate public commentary on Webb’s website. There was no evidence the claims were supported by any medical document.
Clearly the three agencies had been colluding and sharing the public’s personal information including sharing Access Applications which had not been permitted.
Not to worry, this case was going to be a humdinger, as Webb stated to the Tribunal on 05th November 2024 during a Directions Hearing “This is going to be a big show!”
Today was Day-2 of the proceedings. The previous day Webb had introduced her support person Mr Phil Walker to the Tribunal; Mr Walker also a victim of a Section 110 Order for (10) ten years thus far.
Mr Walker was seated to the left of Webb, but adjacent to the Applicants’ legal representative Dr Justin Cahill. Clearly Cahill was not happy Webb had utilised a support person. NSW government agencies are fully aware, through the organisation the NSW Right to Information & Privacy Practitioners Network (NIPPN) that Webb always self-represents in the NCAT, and that she represents her husband. As such it was reasonable to expect the Applicants in these Section 110 proceedings expected Webb to be alone and defenceless.
Mr Walker had been taking notes and observing the proceedings inclusive of the cross-examination of the Applicants’ witnesses the previous day.
Today Webb and Walker were waiting in the Tribunal reception area and had overhead Justin Cahill on the phone “they’re both here,” clearly referring to them. Cahill then strode into the Hearing Room.
Webb and Walker likewise followed Justin Cahill into the Hearing Room noticing the full Applicant entourage already present: Cahill of course, his two legal assistants, Port Stephens Council’s Tony Wickham and Lisa Marshall, Goulburn Mulwaree Council’s Maria Timothy, and Justin Cahill’s colleague Jonathan Franklin.
Webb and Walker approached the bar table to take their seats the same as the day before, however Cahill had pushed files into the area occupied by Walker. When Walker attempted to move Cahill’s files across to the left, Cahill lashed out in abuse.
“You can’t sit here! You have no right to sit here!” he shouted at Walker all but shirt-fronting him. Walker, a man in his late 70's, was not phased at all and saluted saying “Yes sir! Yes sir! Yes sir!” Phil Walker turned to Webb saying he’d sit in the gallery immediately behind, despite being offered a seat to the right of her which he declined. The entourage was smiling, smirking, it had been a set-up, all arriving early to see the show and provide moral support.
When the hearing commenced Cahill exclaimed “Housekeeping Senior Member! We have some housekeeping issues to deal with! I’ve received complaints! Mr Walker has been intimidating the witnesses, staring at them, and laughing! He’s been taking notes! And he’s been reading over my shoulder! He has no place at the bar table!”
The Tribunal member looked surprised as she should have been. Webb told her “Mr Walker is fine to sit in the gallery. Can we just move on?” It was evident she was not going to help him make a scene, he was doing a great job on his own.
“You know, every time I’m involved with NCAT there is always some smart Alec, some government employee so full of their own importance, puffed up ego, aggressive, bullying, it’s embarrassing. They have all the power, all the resources, and they still can’t bear to see one self-represented party with a support person who’s usually not a solicitor,” stated Webb.
“With all their legal experience, knowledge, support, they put it on the record I have more experience than most solicitors. It seems they’re threatened by me. Me. I’m not legally trained, I’ve been learning as I go with this atrocious excuse for a judicial process. And every time I see something new, something additionally low and underhanded I’ve not seen before. These proceedings, the bullying, the colluding of agencies at the public’s expense, the stalking, the false claims of harassment, and of course the endless claims my few paltry Access Applications are draining agency resources; none of it’s credible or believable, they’re so obviously desperate to get this Section 110 Order across the line,” stated Webb.
“And it all rests on Port Stephens Council and Tony Wickham, the guy who’s been trying to stitch me up for one of these orders since February 2017.”
Over the 2-day hearing the Tribunal member asked Cahill for input on what kind of order she might give.
She also asked the Applicants to provide a full table of all Access Applications from the beginning, which from Port Stephens Council commenced in 2011. The Tribunal had disclosed it was going to take the full history of Access Applications into consideration in breach of the legislation. In the latter part of the hearing Cahill also handed up recent Tribunal Orders from secondary Member Montgomery concerning the Case of Cheung. Cheung related to Section 110 Orders, reading between the lines because Cahill was not openly clear. Webb asked for a copy of the document on its way to the bench but the Tribunal member refused, which was viewed as denial of procedural fairness.
“Blind Freddy could see where this was going. When the member had those conversations with Cahill about what orders to make, and the receiving of orders of Cheung which were not provided to me, I knew she was not going to make a decision based on the law or the Tribunal’s jurisdiction. This was a shopping list and the Tribunal had disclosed it was filling the order, literally,” stated Webb. “That place, NCAT, needs a full overhaul. But it has to be done by someone with courage, more than just a figurehead. You can’t face something like this with anything less. I’ll be following this up with the Parliament where I’ve requested a public inquiry into NCAT.”
The hearing concluded in the early afternoon with the decision reserved. Cahill was bleating “she’s probably going to write about this!” Well he was right about one thing so well done. The Tribunal member ‘suggested’ Webb not do anything in the interim of her decision, which was interpreted to mean not to write about the hearing and not to lodge any access applications. Of course the Tribunal did not have any jurisdiction to make such a direction.
Was this a wait and watch situation? Would the Tribunal member make a decision based on whether or not Webb could remain silent? And how did that expectation relate to the Tribunal’s jurisdiction?
Lots more questions than answers in this case which will set a whole new precedent no matter which way it goes. The only certainty at the conclusion of the end of Day 2 of the hearing is that this case had likely cost close to $500,000.00, and to an agency constantly crying lack of resources and a backlog of work for at least (2) two years.
Contact:
Jodie Cobbin, Jodie.cobbin@dcj.nsw.gov.au
Justin Cahill, justin.cahill@dcj.nsw.gov.au
Michael McIntosh, Michael.mcintosh@dcj.nsw.gov.au
Jonathan Franklin, Jonathan.franklin@dcj.nsw.gov.au
Tony Wickham, tony.wickham@portstephens.nsw.gov.au
Lisa Marshall, lisa.marshall@portstephens.nsw.gov.au
Maria Timothy, maria.timothy@goulburn.nsw.gov.au
They concerned the Dept of Communities & Justice, Port Stephens Council, and Goulburn Mulwaree Shire Council against unrepresented Respondents Telina Webb Site Administrator of www.nswfreedomofinformation.net and freedom of information advocate, her husband Paul McEwan, and Mr McEwan’s company DraftCom Pty Ltd which has been trading since 1996.
The proceedings concerned a joint application under Section 110 of the GIPA Act 2009, seeking orders to restrain the Respondents from making any request for information to the entirety of the NSW government.
The orders also sought a perpetual timeframe.
Again, the orders sought by these three amigos asked to be applied right across the state of NSW, seeking QUOTE “A restraint order under ss. 110(1) and 110 (3) of the Government Information (Public Access) Act 2009 (‘GIPA Act’) that the respondents, Telina Webb, DraftCom Pty Ltd (CAN 076 511 941) and Paul McEwan indefinitely not be permitted to make an access application to any NSW public sector agency under the GIPA Act, whether solely on their own behalf or acting jointly, or in concert with any other person or entity without first obtaining the Tribunal’s approval,” UNQUOTE.
A secondary order sought protection of ‘confidential submissions’ made by each of the witnesses who had apparently claimed their feelings had been hurt by legitimate public commentary on Webb’s website. There was no evidence the claims were supported by any medical document.
Clearly the three agencies had been colluding and sharing the public’s personal information including sharing Access Applications which had not been permitted.
Not to worry, this case was going to be a humdinger, as Webb stated to the Tribunal on 05th November 2024 during a Directions Hearing “This is going to be a big show!”
Today was Day-2 of the proceedings. The previous day Webb had introduced her support person Mr Phil Walker to the Tribunal; Mr Walker also a victim of a Section 110 Order for (10) ten years thus far.
Mr Walker was seated to the left of Webb, but adjacent to the Applicants’ legal representative Dr Justin Cahill. Clearly Cahill was not happy Webb had utilised a support person. NSW government agencies are fully aware, through the organisation the NSW Right to Information & Privacy Practitioners Network (NIPPN) that Webb always self-represents in the NCAT, and that she represents her husband. As such it was reasonable to expect the Applicants in these Section 110 proceedings expected Webb to be alone and defenceless.
Mr Walker had been taking notes and observing the proceedings inclusive of the cross-examination of the Applicants’ witnesses the previous day.
Today Webb and Walker were waiting in the Tribunal reception area and had overhead Justin Cahill on the phone “they’re both here,” clearly referring to them. Cahill then strode into the Hearing Room.
Webb and Walker likewise followed Justin Cahill into the Hearing Room noticing the full Applicant entourage already present: Cahill of course, his two legal assistants, Port Stephens Council’s Tony Wickham and Lisa Marshall, Goulburn Mulwaree Council’s Maria Timothy, and Justin Cahill’s colleague Jonathan Franklin.
Webb and Walker approached the bar table to take their seats the same as the day before, however Cahill had pushed files into the area occupied by Walker. When Walker attempted to move Cahill’s files across to the left, Cahill lashed out in abuse.
“You can’t sit here! You have no right to sit here!” he shouted at Walker all but shirt-fronting him. Walker, a man in his late 70's, was not phased at all and saluted saying “Yes sir! Yes sir! Yes sir!” Phil Walker turned to Webb saying he’d sit in the gallery immediately behind, despite being offered a seat to the right of her which he declined. The entourage was smiling, smirking, it had been a set-up, all arriving early to see the show and provide moral support.
When the hearing commenced Cahill exclaimed “Housekeeping Senior Member! We have some housekeeping issues to deal with! I’ve received complaints! Mr Walker has been intimidating the witnesses, staring at them, and laughing! He’s been taking notes! And he’s been reading over my shoulder! He has no place at the bar table!”
The Tribunal member looked surprised as she should have been. Webb told her “Mr Walker is fine to sit in the gallery. Can we just move on?” It was evident she was not going to help him make a scene, he was doing a great job on his own.
“You know, every time I’m involved with NCAT there is always some smart Alec, some government employee so full of their own importance, puffed up ego, aggressive, bullying, it’s embarrassing. They have all the power, all the resources, and they still can’t bear to see one self-represented party with a support person who’s usually not a solicitor,” stated Webb.
“With all their legal experience, knowledge, support, they put it on the record I have more experience than most solicitors. It seems they’re threatened by me. Me. I’m not legally trained, I’ve been learning as I go with this atrocious excuse for a judicial process. And every time I see something new, something additionally low and underhanded I’ve not seen before. These proceedings, the bullying, the colluding of agencies at the public’s expense, the stalking, the false claims of harassment, and of course the endless claims my few paltry Access Applications are draining agency resources; none of it’s credible or believable, they’re so obviously desperate to get this Section 110 Order across the line,” stated Webb.
“And it all rests on Port Stephens Council and Tony Wickham, the guy who’s been trying to stitch me up for one of these orders since February 2017.”
Over the 2-day hearing the Tribunal member asked Cahill for input on what kind of order she might give.
She also asked the Applicants to provide a full table of all Access Applications from the beginning, which from Port Stephens Council commenced in 2011. The Tribunal had disclosed it was going to take the full history of Access Applications into consideration in breach of the legislation. In the latter part of the hearing Cahill also handed up recent Tribunal Orders from secondary Member Montgomery concerning the Case of Cheung. Cheung related to Section 110 Orders, reading between the lines because Cahill was not openly clear. Webb asked for a copy of the document on its way to the bench but the Tribunal member refused, which was viewed as denial of procedural fairness.
“Blind Freddy could see where this was going. When the member had those conversations with Cahill about what orders to make, and the receiving of orders of Cheung which were not provided to me, I knew she was not going to make a decision based on the law or the Tribunal’s jurisdiction. This was a shopping list and the Tribunal had disclosed it was filling the order, literally,” stated Webb. “That place, NCAT, needs a full overhaul. But it has to be done by someone with courage, more than just a figurehead. You can’t face something like this with anything less. I’ll be following this up with the Parliament where I’ve requested a public inquiry into NCAT.”
The hearing concluded in the early afternoon with the decision reserved. Cahill was bleating “she’s probably going to write about this!” Well he was right about one thing so well done. The Tribunal member ‘suggested’ Webb not do anything in the interim of her decision, which was interpreted to mean not to write about the hearing and not to lodge any access applications. Of course the Tribunal did not have any jurisdiction to make such a direction.
Was this a wait and watch situation? Would the Tribunal member make a decision based on whether or not Webb could remain silent? And how did that expectation relate to the Tribunal’s jurisdiction?
Lots more questions than answers in this case which will set a whole new precedent no matter which way it goes. The only certainty at the conclusion of the end of Day 2 of the hearing is that this case had likely cost close to $500,000.00, and to an agency constantly crying lack of resources and a backlog of work for at least (2) two years.
Contact:
Jodie Cobbin, Jodie.cobbin@dcj.nsw.gov.au
Justin Cahill, justin.cahill@dcj.nsw.gov.au
Michael McIntosh, Michael.mcintosh@dcj.nsw.gov.au
Jonathan Franklin, Jonathan.franklin@dcj.nsw.gov.au
Tony Wickham, tony.wickham@portstephens.nsw.gov.au
Lisa Marshall, lisa.marshall@portstephens.nsw.gov.au
Maria Timothy, maria.timothy@goulburn.nsw.gov.au
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