Series Expose: How to orchestrate a Section 110 Application under the GIPA Act 2009
Episode 4.2: 17.12.2024
Agencies Freely Release Documentation Mandated as Excluded Information, Revealing Inter-Agency Communications Involving Breach of Privacy and Covert Collaborations by Default. And where is the Information Commissioner to Champion the Correct Statutory Interpretation? And where is the Privacy Commissioner to Protect the Public's Rights? Both Commissioners Confirm Their Redundancy and Total Dereliction of Duty by Their Lack of Action.
Episode 4.2: 17.12.2024
Agencies Freely Release Documentation Mandated as Excluded Information, Revealing Inter-Agency Communications Involving Breach of Privacy and Covert Collaborations by Default. And where is the Information Commissioner to Champion the Correct Statutory Interpretation? And where is the Privacy Commissioner to Protect the Public's Rights? Both Commissioners Confirm Their Redundancy and Total Dereliction of Duty by Their Lack of Action.
It's all in the documentation attached to each Sworn Affidavit.
Tony Wickham, man of numerous conflicting talents with Port Stephens Council
Maria Timothy, small town governance manager along for the ride
Jonathan Franklin, in house solicitor opting for the safety of a government office All nicely printed, tabbed, collated at the expense of the public purse. Not one of them spending a single cent from their own pocket. Of course the conductor in these proceedings is Dr Justin Cahill. Cahill is another in house solicitor who probably couldn't cut it in the real world and settled for notoriety cushioned in a comfy government safety net; all the while counting up those financial benefits at the expense of the tax payers he's put in place to serve. But it's not public servants putting all this together, it's a private company Law In Order, based out of Sydney.
Tony Wickham, man of numerous conflicting talents with Port Stephens Council
Maria Timothy, small town governance manager along for the ride
Jonathan Franklin, in house solicitor opting for the safety of a government office All nicely printed, tabbed, collated at the expense of the public purse. Not one of them spending a single cent from their own pocket. Of course the conductor in these proceedings is Dr Justin Cahill. Cahill is another in house solicitor who probably couldn't cut it in the real world and settled for notoriety cushioned in a comfy government safety net; all the while counting up those financial benefits at the expense of the tax payers he's put in place to serve. But it's not public servants putting all this together, it's a private company Law In Order, based out of Sydney.
They also deliver the documents; nice and tidy, nobody needs to lift a beaurocratic finger.
And this gaggle of geese trolled the internet, stalking the Respondents in these proceedings, ensuring the delivery-to-door by its photocopying service provider sent the message "we know where you live."
But as is generally the case, there's always an interesting epilogue. Looking through the documents attached to the Sworn Affidavits, it was clear particularly Port Stephens Council was intent on making every issue count and he reached right back into Council's own archives to secure his mark. Every complaint. Every report. Every request for departmental inquiry. Reports to NSW Police, the Ombudsman, NSW Law Society, Council internal communications, blah, blah, blah. Such records are categorised, legislated in fact, as Excluded Information. That means, the correspondence between agencies concerning any kind of report or complaint, are not provided to the person making the report. The Informer, shall we say, is completely excluded from the process. How democratic! Just flick them a quick "nothing to see here" at the end of it and that's that. Whatever goes on between the agencies is top secret, never to be released. This is what occurred with the false and misleading letter written by Tony Wickham of Port Stephens Council in 2015. A complaint had been made about him / Council to the Office of the Information & Privacy Commissioner because Council refused to afford due process to valid Access Applications for Open Access Information Mandated for Release; objecting submissions to a Development Application. The informers, this Site's Administrator and her husband, had written to the IPC, seeking intervention and action, knowing Council's actions were unlawful. The IPC wrote to Wickham with some initial inquiries, and his now infamous response is no longer a surprise to any person or NSW Government Agency. He lied. Straight out, no hesitation, knowing what he was saying was deliberately false and misleading. But he did it anyway. He did it because he was 100% confident the IPC would NOT release the lies because the document was classified as Excluded Information; that is no amount of asking would release it. Thankfully a contracted solicitor, Carlo Zoppo of Lindsay Taylor Lawyers, had a crisis of conscience in mid-2018 and gave a completely unredacted copy of the lies to Webb. Suddenly it all made sense. Needless to say, today's provision of pages upon pages of Excluded Information has revolutionised the ability of the public to understand why matters with Port Stephens were never investigated, and what Wickham wrote (under the signature of the General Manager) to avoid accountability. This new chapter of access to NSW government information will be shared and discussed on our Media Release - Time Machine pages in chronological order for ease of following. It's going to take a bit of time but it will be worth it! "I'm very excited about this new chapter for our free community service, where I continue to highlight the toxic behaviours of NSW public servants. Nothing here is a real surprise, we now know the culture of breaching privacy, unlawfully sharing the public's information, and formulating policy and strategies to obstruct the public's legal rights (supposed) to access NSW government information. Mostly, this has all been revealed by the discovery and exposure of NSW Right to Information Officers in the self-titled Network, or as the public has renamed it NIPPN. The tip of the NIPPN spear is the Dept of Communities & Justice with a documented (18) eighteen staff as active members. This Site is littered, and I mean littered, with numerous articles supported with agency documentation proving behaviours and cultural attitudes towards the public they are in place to serve," stated Webb. "It's going to take a while to get all this juicy information published but it will be well worth it."
The documents to be published will be fully supported by the respective Sworn Affidavits. The full Affidavit of DCJ’s Jonathan Franklin is available here.
The full Affidavit of PSC’s Tony Wickham is available here.
The full Affidavit of GMC’s Maria Timothy is available here.
The combined submissions authored by DCJ’s Justin Cahill are available here.
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
And this gaggle of geese trolled the internet, stalking the Respondents in these proceedings, ensuring the delivery-to-door by its photocopying service provider sent the message "we know where you live."
But as is generally the case, there's always an interesting epilogue. Looking through the documents attached to the Sworn Affidavits, it was clear particularly Port Stephens Council was intent on making every issue count and he reached right back into Council's own archives to secure his mark. Every complaint. Every report. Every request for departmental inquiry. Reports to NSW Police, the Ombudsman, NSW Law Society, Council internal communications, blah, blah, blah. Such records are categorised, legislated in fact, as Excluded Information. That means, the correspondence between agencies concerning any kind of report or complaint, are not provided to the person making the report. The Informer, shall we say, is completely excluded from the process. How democratic! Just flick them a quick "nothing to see here" at the end of it and that's that. Whatever goes on between the agencies is top secret, never to be released. This is what occurred with the false and misleading letter written by Tony Wickham of Port Stephens Council in 2015. A complaint had been made about him / Council to the Office of the Information & Privacy Commissioner because Council refused to afford due process to valid Access Applications for Open Access Information Mandated for Release; objecting submissions to a Development Application. The informers, this Site's Administrator and her husband, had written to the IPC, seeking intervention and action, knowing Council's actions were unlawful. The IPC wrote to Wickham with some initial inquiries, and his now infamous response is no longer a surprise to any person or NSW Government Agency. He lied. Straight out, no hesitation, knowing what he was saying was deliberately false and misleading. But he did it anyway. He did it because he was 100% confident the IPC would NOT release the lies because the document was classified as Excluded Information; that is no amount of asking would release it. Thankfully a contracted solicitor, Carlo Zoppo of Lindsay Taylor Lawyers, had a crisis of conscience in mid-2018 and gave a completely unredacted copy of the lies to Webb. Suddenly it all made sense. Needless to say, today's provision of pages upon pages of Excluded Information has revolutionised the ability of the public to understand why matters with Port Stephens were never investigated, and what Wickham wrote (under the signature of the General Manager) to avoid accountability. This new chapter of access to NSW government information will be shared and discussed on our Media Release - Time Machine pages in chronological order for ease of following. It's going to take a bit of time but it will be worth it! "I'm very excited about this new chapter for our free community service, where I continue to highlight the toxic behaviours of NSW public servants. Nothing here is a real surprise, we now know the culture of breaching privacy, unlawfully sharing the public's information, and formulating policy and strategies to obstruct the public's legal rights (supposed) to access NSW government information. Mostly, this has all been revealed by the discovery and exposure of NSW Right to Information Officers in the self-titled Network, or as the public has renamed it NIPPN. The tip of the NIPPN spear is the Dept of Communities & Justice with a documented (18) eighteen staff as active members. This Site is littered, and I mean littered, with numerous articles supported with agency documentation proving behaviours and cultural attitudes towards the public they are in place to serve," stated Webb. "It's going to take a while to get all this juicy information published but it will be well worth it."
The documents to be published will be fully supported by the respective Sworn Affidavits. The full Affidavit of DCJ’s Jonathan Franklin is available here.
The full Affidavit of PSC’s Tony Wickham is available here.
The full Affidavit of GMC’s Maria Timothy is available here.
The combined submissions authored by DCJ’s Justin Cahill are available here.
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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