NSW Local Council Wins Community Award for Unreservedly Procrastinating
Legislated Freedom of Information Processes, 13.02.2023
Goulburn-Mulwaree Shire Council is the latest recipient of a community award as a ‘Stand-Out’ Agency by NSW Freedom of Information.
Such awards are given to NSW government agencies evidenced to act contrary to the public interest they serve, often stifling the public’s legislated legally enforceable rights to seek out and access NSW government information.
The award results from an Application for Review of agency decision before the NSW Civil & Administrative Tribunal (NCAT) today with the Applicant NSW Freedom of Information Advocate Telina Webb seeking a review of Goulburn-Mulwaree Council’s unlawful refusal to accept a valid access application on the basis Ms Webb had not completed Council’s nominated online form. Ms Webb had formally asked Goulburn-Mulwaree Council for a copy of the Minutes of a particular Meeting confirmed to have convened between Palerang, Queanbeyan, and Goulburn-Mulwaree Council's, evidenced by Mr William Warne of Queanbeyan City Council in NCAT proceedings of 2014. The Minutes were relied upon in proceedings that concerned a joint Agency Application for an Order under the GIPA Act 2009 Section 110.
Tribunal Member Stephen Montgomery rightfully referred Council’s Manager of Compliance Ms Maria Timothy to the Government Information (Public Access) Act 2009 (GIPA Act), specifically to Section 41 which sets out the parameters of what constitutes a valid formal access application.
Ms Webb had lodged her request for Council information under letter, however Council had refused to process the request insisting Ms Webb complete Council’s form. The unlawful insistance of the use of Council's nominated form eminated from Council's Governance Department. Mr Montgomery reiterated Ms Webb’s application format was not unlawful and could be processed.
Ms Webb informed both the Tribunal and Ms Timothy she was not willing to tick boxes and sign forms agreeing to Agency conditions that were unacceptable, particularly in relation to any Privacy Statement.
Ms Webb has noted currently all NSW government agencies have neglected to disclose they upload ALL details of the public’s access application information to the Cloud, including name, address, phone number, email address, and particulars of the request itself. As such Ms Webb is not willing to give permission to agencies to do so, albeit they have been doing so incognito since the inception of the Cloud database in 2015.
Goulburn-Mulwaree Shire Council had refused to accept the valid request for information which also meant Ms Webb was denied the opportunity to make the payment fee of $30.00.
Goulburn-Mulwaree Shire Council had initially replied to Ms Webb's request for information under the email address governanceenquiries@goulburn.nsw.gov.au.
Ms Timothy revealed to the NCAT that whilst Access Applicants might receive communications in reply from Council under the email address governanceenquiries@goulburn.nsw.gov.au, it was a nominated Council address with SEND capabilities alone and was not monitored. Ms Timothy disclosed to Ms Webb and the Tribunal that all correspondence inclusive of requests for information, is expected to be directed to Council’s general email address council@goulburn.nsw.gov.au.
The use of the 'send only email address' resulted in Council not replying to any further communications from Ms Webb concerning her valid request for information, with the time to process her application lapsing, condemning it to be Determined as Refused by default.
Ms Timothy also informed the Tribunal “Council does not have a Right to Information Officer”.
The proceedings concluded with Mr Montgomery setting a timetable for Council to properly respond to the request for information, submitted under letter by Ms Webb, with the Tribunal effectively case-managing Goulburn-Mulwaree Council's response and ultimate Determination. Mr Montgomery enquired of Ms Timothy if Council had considered the request for information to date and Ms Timothy stated "No, it has not been considered as it wasn't on the form." With the Application for Review now sitting with the NCAT, should the Determination by Goulburn-Mulwaree not be to the Applicant's satisfaction, Ms Webb is able to seek a timetable for a formal Hearing of Council's actions.
“There is so much totally wrong with this Agency's response to my valid request for information. For a Governance Manager to state that my request has not been considered at all, so not even read by anyone, is totally unbelievable and I expect the Tribunal found Ms Timothy's assertions totally lacking any credibility, as I did. It is extraordinary that a NSW government agency does not have a nominated Right to Information Officer, leaving the public legitimately concerned about the capabilities of any Determining Officer as a result. Further, the fact formal access applications are sent to a general Council address confirms the public’s access applications are not treated with any degree of confidentiality, but circulate to non-delegated officers for redirection. This case is a prime example of the ongoing problems the public must endure as NSW Agencies continue to show their incompetence and absence of sound administration practices, particularly in the access to information arena, practices which breach the legislation. Probably of greatest concern is evidence of a NSW Government Agency insisting on the completion of a form that is not legislated, but simply suits agency purposes, indicative of the open willingness of NSW Agencies to ratify the legislation to the detriment and disadvantage of the public. All of these discoveries should have been fully disclosed by Council at first instance,” stated Ms Webb. The Office of the NSW Information & Privacy Commissioner has been advised of the manner in which this Agency has responded to a valid request for information, confirming the "legislation does not prescribe any form". The IPC has not indicated if it has counselled this Agency about its freedom of information practices which breach the legislation. Goulburn-Mulwaree Shire Council has not disclosed how many access applicants have been forced to complete its non-prescribed form.
The community award to Goulburn-Mulwaree Shire Council as a ‘Stand-Out’ Agency is a well-deserved one. It may yet receive a secondary award for the absence of any good governance.
Contact:
Maria Timothy: (02) 4823 4444
The award results from an Application for Review of agency decision before the NSW Civil & Administrative Tribunal (NCAT) today with the Applicant NSW Freedom of Information Advocate Telina Webb seeking a review of Goulburn-Mulwaree Council’s unlawful refusal to accept a valid access application on the basis Ms Webb had not completed Council’s nominated online form. Ms Webb had formally asked Goulburn-Mulwaree Council for a copy of the Minutes of a particular Meeting confirmed to have convened between Palerang, Queanbeyan, and Goulburn-Mulwaree Council's, evidenced by Mr William Warne of Queanbeyan City Council in NCAT proceedings of 2014. The Minutes were relied upon in proceedings that concerned a joint Agency Application for an Order under the GIPA Act 2009 Section 110.
Tribunal Member Stephen Montgomery rightfully referred Council’s Manager of Compliance Ms Maria Timothy to the Government Information (Public Access) Act 2009 (GIPA Act), specifically to Section 41 which sets out the parameters of what constitutes a valid formal access application.
Ms Webb had lodged her request for Council information under letter, however Council had refused to process the request insisting Ms Webb complete Council’s form. The unlawful insistance of the use of Council's nominated form eminated from Council's Governance Department. Mr Montgomery reiterated Ms Webb’s application format was not unlawful and could be processed.
Ms Webb informed both the Tribunal and Ms Timothy she was not willing to tick boxes and sign forms agreeing to Agency conditions that were unacceptable, particularly in relation to any Privacy Statement.
Ms Webb has noted currently all NSW government agencies have neglected to disclose they upload ALL details of the public’s access application information to the Cloud, including name, address, phone number, email address, and particulars of the request itself. As such Ms Webb is not willing to give permission to agencies to do so, albeit they have been doing so incognito since the inception of the Cloud database in 2015.
Goulburn-Mulwaree Shire Council had refused to accept the valid request for information which also meant Ms Webb was denied the opportunity to make the payment fee of $30.00.
Goulburn-Mulwaree Shire Council had initially replied to Ms Webb's request for information under the email address governanceenquiries@goulburn.nsw.gov.au.
Ms Timothy revealed to the NCAT that whilst Access Applicants might receive communications in reply from Council under the email address governanceenquiries@goulburn.nsw.gov.au, it was a nominated Council address with SEND capabilities alone and was not monitored. Ms Timothy disclosed to Ms Webb and the Tribunal that all correspondence inclusive of requests for information, is expected to be directed to Council’s general email address council@goulburn.nsw.gov.au.
The use of the 'send only email address' resulted in Council not replying to any further communications from Ms Webb concerning her valid request for information, with the time to process her application lapsing, condemning it to be Determined as Refused by default.
Ms Timothy also informed the Tribunal “Council does not have a Right to Information Officer”.
The proceedings concluded with Mr Montgomery setting a timetable for Council to properly respond to the request for information, submitted under letter by Ms Webb, with the Tribunal effectively case-managing Goulburn-Mulwaree Council's response and ultimate Determination. Mr Montgomery enquired of Ms Timothy if Council had considered the request for information to date and Ms Timothy stated "No, it has not been considered as it wasn't on the form." With the Application for Review now sitting with the NCAT, should the Determination by Goulburn-Mulwaree not be to the Applicant's satisfaction, Ms Webb is able to seek a timetable for a formal Hearing of Council's actions.
“There is so much totally wrong with this Agency's response to my valid request for information. For a Governance Manager to state that my request has not been considered at all, so not even read by anyone, is totally unbelievable and I expect the Tribunal found Ms Timothy's assertions totally lacking any credibility, as I did. It is extraordinary that a NSW government agency does not have a nominated Right to Information Officer, leaving the public legitimately concerned about the capabilities of any Determining Officer as a result. Further, the fact formal access applications are sent to a general Council address confirms the public’s access applications are not treated with any degree of confidentiality, but circulate to non-delegated officers for redirection. This case is a prime example of the ongoing problems the public must endure as NSW Agencies continue to show their incompetence and absence of sound administration practices, particularly in the access to information arena, practices which breach the legislation. Probably of greatest concern is evidence of a NSW Government Agency insisting on the completion of a form that is not legislated, but simply suits agency purposes, indicative of the open willingness of NSW Agencies to ratify the legislation to the detriment and disadvantage of the public. All of these discoveries should have been fully disclosed by Council at first instance,” stated Ms Webb. The Office of the NSW Information & Privacy Commissioner has been advised of the manner in which this Agency has responded to a valid request for information, confirming the "legislation does not prescribe any form". The IPC has not indicated if it has counselled this Agency about its freedom of information practices which breach the legislation. Goulburn-Mulwaree Shire Council has not disclosed how many access applicants have been forced to complete its non-prescribed form.
The community award to Goulburn-Mulwaree Shire Council as a ‘Stand-Out’ Agency is a well-deserved one. It may yet receive a secondary award for the absence of any good governance.
Contact:
Maria Timothy: (02) 4823 4444