The matter before the NCAT was a Miscellaneous Application by Mr Paul McEwan for the revoking of confidentiality and not-for-publication orders originating from the NCAT in September 2017, and which the NCAT has maintained since throughout several associated proceedings. Documents released by Port Stephens Council confirm those successful NCAT confidentiality and not-for-publication orders were founded on Mr Wickham’s false claims the Applicant, Mr McEwan, presented a risk of serious harm, harassment, and serious intimidation to ‘persons unknown’ in the community, should the Council information Mr McEwan requested be provided to him. Under the NCAT Act 2013 Section 64 (3) the Tribunal has the power to revoke its Orders. It is noted NCAT has not at any time questioned Mr McEwan or his wife about these serious claims.
Today’s NCAT decision makes clear Mr McEwan has, since September 2017, been given access to a number of damning Council records which show Mr Wickham, in his adjoining role with Council as Senior Right to Information & Privacy Officer, continually referred to the GIPA Act 2009 Section 14 Table 3(f) to withhold the release of predominantly open access information mandated for release, by repeatedly falsely claiming Mr McEwan and his wife Telina Webb presented a serious risk to public safety. Additional Council records reveal an email trail setting out an agreement between Mr Wickham and a member of the public in early 2012 to rely on the 3(f) clause, when both parties to the agreement were fully aware there was no basis for the claim.
Mr Wickham’s partner in the agreement was the future author of a Council open access record mandated for release, placing Mr Wickham in the position of making an agreement to protect and conceal a Council record before it had actually come into Council’s possession.
Since Mr McEwan initially commenced requesting Council records in 2011, Port Stephens Council and in particular Mr Wickham, has used the 3(f) clause of the GIPA Act 2009 a confirmed total of (270) two hundred and seventy times to prevent access to Council documents. Mr McEwan was finally vindicated of the false claims he posed the risk claimed by Council in 2021, when Council was confronted in open session during a separate NCAT matter, where Mr Wickham’s letter to the NSW Information & Privacy Commissioner detailing the false claim apprehended violence orders had been issued against Mr McEwan and his wife were laid bare. Conscious at all times the claims were completely false and misleading, Mr Wickham thereafter provided his letter to the NSW Anti-Discrimination Board, the NSW Office of Local Government, and the NSW judiciary.
Such actions can only be viewed as deliberate attempts by a Council Executive to influence external decision makers believed to be easily swayed for Council’s advantage, obstructing procedural fairness and natural justice.
Freedom of Information Advocate Telina Webb commented in relation to today’s NCAT Decision “Whilst it is disappointing the Application for the revoking of the orders was not successful, it is very reassuring to see the Tribunal acknowledge the atrocious behaviour of Port Stephens Council’s Corporate Policeman Tony Wickham. And most importantly Mr Wickham was not afforded any anonymity, as it should be. Mr Wickham has had no hesitation in falsely naming and shaming both my husband and I, it is absolutely right that he be pointed out for doing so. The public should be very concerned Mr Wickham used public monies for his own personal agenda to seek that anonymity, a replication of his actions in August 2021 when he used public monies and solicitor Carlo Zoppo to have a media release removed from the Internet. The public also has the right to know what to expect when interacting with Port Stephens Council.”
Ms Webb intends to publish the relevant paragraphs of Council’s Submissions pleading for Mr Wickham’s anonymity per Carlo Zoppo at www.nswfreedomofinformation.net in the coming days, along with Mr McEwan’s Sworn Affidavit and attachments.
The Sworn Affidavit is a concise record of what continues to see Mr McEwan and Ms Webb return to the Tribunal as they persevere to exercise their fundamental rights to access government information. Mr McEwan’s attachments leave no question as to the long-established patterns of behaviour by Port Stephens Council, its attitude towards the often-unsuspecting public, and the internal culture emanating from the top of the organisation establishing what conduct is totally acceptable.
Contact Telina Webb: 0493 211 635
Contact Tony Wickham: 0408 497 649
(Mr McEwan's Submissions are now also available)
Since Mr McEwan initially commenced requesting Council records in 2011, Port Stephens Council and in particular Mr Wickham, has used the 3(f) clause of the GIPA Act 2009 a confirmed total of (270) two hundred and seventy times to prevent access to Council documents. Mr McEwan was finally vindicated of the false claims he posed the risk claimed by Council in 2021, when Council was confronted in open session during a separate NCAT matter, where Mr Wickham’s letter to the NSW Information & Privacy Commissioner detailing the false claim apprehended violence orders had been issued against Mr McEwan and his wife were laid bare. Conscious at all times the claims were completely false and misleading, Mr Wickham thereafter provided his letter to the NSW Anti-Discrimination Board, the NSW Office of Local Government, and the NSW judiciary.
Such actions can only be viewed as deliberate attempts by a Council Executive to influence external decision makers believed to be easily swayed for Council’s advantage, obstructing procedural fairness and natural justice.
Freedom of Information Advocate Telina Webb commented in relation to today’s NCAT Decision “Whilst it is disappointing the Application for the revoking of the orders was not successful, it is very reassuring to see the Tribunal acknowledge the atrocious behaviour of Port Stephens Council’s Corporate Policeman Tony Wickham. And most importantly Mr Wickham was not afforded any anonymity, as it should be. Mr Wickham has had no hesitation in falsely naming and shaming both my husband and I, it is absolutely right that he be pointed out for doing so. The public should be very concerned Mr Wickham used public monies for his own personal agenda to seek that anonymity, a replication of his actions in August 2021 when he used public monies and solicitor Carlo Zoppo to have a media release removed from the Internet. The public also has the right to know what to expect when interacting with Port Stephens Council.”
Ms Webb intends to publish the relevant paragraphs of Council’s Submissions pleading for Mr Wickham’s anonymity per Carlo Zoppo at www.nswfreedomofinformation.net in the coming days, along with Mr McEwan’s Sworn Affidavit and attachments.
The Sworn Affidavit is a concise record of what continues to see Mr McEwan and Ms Webb return to the Tribunal as they persevere to exercise their fundamental rights to access government information. Mr McEwan’s attachments leave no question as to the long-established patterns of behaviour by Port Stephens Council, its attitude towards the often-unsuspecting public, and the internal culture emanating from the top of the organisation establishing what conduct is totally acceptable.
Contact Telina Webb: 0493 211 635
Contact Tony Wickham: 0408 497 649
(Mr McEwan's Submissions are now also available)