Port Stephens Council Takes Out Top Prize for Most Extortive Cost for aSingle Page of Government Information, 17.05.2022
Responding to a request for open access information mandated for release free of charge, Port Stephens Council’s recently promoted Senior Governance Officer Holly Jamadar has imposed a staggering fee of $52.50 for a single page of Council information, without any legislative requirement to do so.
Ms Jamadar was responding to a request for a Council record from Freedom of Information Advocate Telina Webb, who had initially requested the document from Council on an Informal basis but was repeatedly refused provision of the document. The request had been made to Council’s in-house solicitor Stephanie Posniak, who had filed documents with the NSW Civil & Administrative Tribunal (NCAT) in breach of NCAT published filing protocols and the NCAT Act 2013 Section 26 (4). Ms Posniak advised Ms Webb she had filed the documents with NCAT by email and as a party to the subject proceedings Ms Webb had requested a copy of the covering email. Ordinarily, the public expects an agency to provide such a document at first instance upon request, aligning with the Government Information (Public Access) Act 2009 (GIPA Act). However, Port Stephens Council’s in-house solicitor Stephanie Posniak confirmed to have carriage of the matter, refused.
With Council refusing access through available Informal avenues, Ms Webb felt forced thereafter to lodge a Formal Access Application to Council with the statutory application fee of $30.00 and was advised by Council’s Ms Jamadar that a further processing charge of $22.50 had been imposed, with the document not to be released until payment had been made.
Ms Webb paid the $22.50 additional fee imposed by Council on Thursday 12th May but was not provided the document by Ms Jamadar until Tuesday 17th May. The legislation does not make provision for an agency to obstruct access to any information that has been fully paid for by an applicant.
Presently NSW agencies are able to respond to requests for government information on their own initiative, proactively releasing information without any necessity for a Formal Access Application. On this particular occasion Port Stephens Council should have released the information at first instance, Informally and free of charge. Secondarily and after that failure to act in good faith, Council was under ethical obligation to advise no Formal Access Application was required and refund the $30.00 application fee.
“The NSW Information & Privacy Commissioner (IPC) regularly receives complaints and reports about Port Stephens Council in the exercising of its statutory GIPA obligations, with the refusal to provide paid-for documents at first instance often numbering among those, as well as excessive fees and charges, unnecessarily delaying decisions, and misconceiving the proper application of the legislation. Instances of this agency affording privileged members of the public special treatment have also been reported.
However, the worst issue remains the making of false and misleading statements to an investigating officer of the IPC by Ms Jamadar’s superior officer Tony Wickham, when in March 2015 he claimed open access information mandated for release free of charge had been refused on the false premise a risk of serious harm existed, falsely informing the IPC that apprehended violence orders had been issued against members of the public,” stated Ms Webb.
“Ms Jamadar has a law degree and has utilised a substantial amount of public funds for the purpose of ongoing training in freedom of information legislation, training provided by the NSW Crown Solicitor’s Officer Kirri Mattes. Ms Jamadar has no excuse for such out-of-line decisions, and the public should be asking whether or not the training provided by the NSW Crown Solicitor has any value, and whether Port Stephens Council’s claim to iPART in 2015 ‘WE HAVE THE RIGHT PEOPLE DOING THE RIGHT THINGS THE RIGHT WAY’ is remotely credible,” stated Ms Webb.
The public is referred to the public presentation by Council’s Governance Manager Tony Wickham where he listed the names of Ms Webb and her husband Paul McEwan without their consent, with an image of ‘blood being squeezed out of a stone’, disclosing the attitude of Port Stephens Council in the exercise of its legislative obligations concerning requests for government information, a Council representation that aligns with and condones Ms Jamadar’s latest response to Ms Webb’s request.
Port Stephens Council’s Award for Most Extortive Cost for a Single Page of Government Information can be viewed at www.nswfreedomofinformation.net, as well as the subject document.
There is no evidence either Holly Jamadar or Stephanie Posniak, as officers of the Court and having full knowledge of Tony Wickham’s false and misleading letter, have reported his actions to any authority.
Contact: Telina Webb 0493 211 635
Contact: Holly Jamadar 0467 183 514 Contact: Stephanie Posniak 0427 108 744
Ms Jamadar was responding to a request for a Council record from Freedom of Information Advocate Telina Webb, who had initially requested the document from Council on an Informal basis but was repeatedly refused provision of the document. The request had been made to Council’s in-house solicitor Stephanie Posniak, who had filed documents with the NSW Civil & Administrative Tribunal (NCAT) in breach of NCAT published filing protocols and the NCAT Act 2013 Section 26 (4). Ms Posniak advised Ms Webb she had filed the documents with NCAT by email and as a party to the subject proceedings Ms Webb had requested a copy of the covering email. Ordinarily, the public expects an agency to provide such a document at first instance upon request, aligning with the Government Information (Public Access) Act 2009 (GIPA Act). However, Port Stephens Council’s in-house solicitor Stephanie Posniak confirmed to have carriage of the matter, refused.
With Council refusing access through available Informal avenues, Ms Webb felt forced thereafter to lodge a Formal Access Application to Council with the statutory application fee of $30.00 and was advised by Council’s Ms Jamadar that a further processing charge of $22.50 had been imposed, with the document not to be released until payment had been made.
Ms Webb paid the $22.50 additional fee imposed by Council on Thursday 12th May but was not provided the document by Ms Jamadar until Tuesday 17th May. The legislation does not make provision for an agency to obstruct access to any information that has been fully paid for by an applicant.
Presently NSW agencies are able to respond to requests for government information on their own initiative, proactively releasing information without any necessity for a Formal Access Application. On this particular occasion Port Stephens Council should have released the information at first instance, Informally and free of charge. Secondarily and after that failure to act in good faith, Council was under ethical obligation to advise no Formal Access Application was required and refund the $30.00 application fee.
“The NSW Information & Privacy Commissioner (IPC) regularly receives complaints and reports about Port Stephens Council in the exercising of its statutory GIPA obligations, with the refusal to provide paid-for documents at first instance often numbering among those, as well as excessive fees and charges, unnecessarily delaying decisions, and misconceiving the proper application of the legislation. Instances of this agency affording privileged members of the public special treatment have also been reported.
However, the worst issue remains the making of false and misleading statements to an investigating officer of the IPC by Ms Jamadar’s superior officer Tony Wickham, when in March 2015 he claimed open access information mandated for release free of charge had been refused on the false premise a risk of serious harm existed, falsely informing the IPC that apprehended violence orders had been issued against members of the public,” stated Ms Webb.
“Ms Jamadar has a law degree and has utilised a substantial amount of public funds for the purpose of ongoing training in freedom of information legislation, training provided by the NSW Crown Solicitor’s Officer Kirri Mattes. Ms Jamadar has no excuse for such out-of-line decisions, and the public should be asking whether or not the training provided by the NSW Crown Solicitor has any value, and whether Port Stephens Council’s claim to iPART in 2015 ‘WE HAVE THE RIGHT PEOPLE DOING THE RIGHT THINGS THE RIGHT WAY’ is remotely credible,” stated Ms Webb.
The public is referred to the public presentation by Council’s Governance Manager Tony Wickham where he listed the names of Ms Webb and her husband Paul McEwan without their consent, with an image of ‘blood being squeezed out of a stone’, disclosing the attitude of Port Stephens Council in the exercise of its legislative obligations concerning requests for government information, a Council representation that aligns with and condones Ms Jamadar’s latest response to Ms Webb’s request.
Port Stephens Council’s Award for Most Extortive Cost for a Single Page of Government Information can be viewed at www.nswfreedomofinformation.net, as well as the subject document.
There is no evidence either Holly Jamadar or Stephanie Posniak, as officers of the Court and having full knowledge of Tony Wickham’s false and misleading letter, have reported his actions to any authority.
Contact: Telina Webb 0493 211 635
Contact: Holly Jamadar 0467 183 514 Contact: Stephanie Posniak 0427 108 744