NSW Right to Information & Privacy Practitioners Network Deactivates WebsiteAfter Public Scrutiny, 21.12.2021
Following a recent request from NSW Freedom of Information Advocate Telina Webb for a copy of its Code of Conduct, Annual Reports, a list of membership and its membership criteria, the NSW Right to Information & Privacy Practitioners Network (the Network) has deactivated its website, previously locatable at https://sites.google.com/view/information-privacy-nsw.
The organisation, currently chaired by iCare Insurance’s Nikki Gibbs-Steele, was established several decades ago according to the original chairperson Phillip Youngman of Youngman Consultancy based in Sydney. Mr Youngman is confirmed as a current member.
The recent request for information was prompted by iCare’s disclosure that several NSW government agencies had covered legal costs associated with a Section 110 Order under the GIPA Act 2009, by the lodging of a successful workers compensation claim with iCare. The case of Dept of Education v Zonnevylle (2020) NSWCATAD 96 for an Application for a Section 110 Order against Mr Zonnevylle records the NSW Dept of Education “working” with the Dept of Justice and Dept of Finance. Dept of Education is yet to disclose the full nature and initiation of the collaboration on that occasion, but there can be no doubt Mr Zonnevylle’s personal privacy was repeatedly breached by all three government departments, and that the case was funded by a successful workers compensation claim.
The Network’s chairperson Ms Gibbs-Steele has a long history in the right to information and privacy arena, with solid relationships with both the NSW Information & Privacy Commissioners (IPC), working with the IPC during audit projects, occupying a role as an Investigations & Review Officer with the IPC, as well as Head of Privacy at iCare. As such it is clear Ms Gibbs-Steele is well-connected to both Commissioners.
Likely the result of that connection to both Commissioners, the Network was noted to be listed on the IPC’s government website www.ipc.nsw.gov.au for some time, until recently pointed out to the IPC that the Site had been deactivated. Likewise the Network regularly secures exclusive presentations from both Commissioners on an invitation-only basis.
In an email dated 21st December 2021, the IPC stated that the Network was a governmental organisation, comprised of government agencies, which is incorrect. As a regular exclusive presenter of information to the Network, the IPC is fully aware the Network’s membership includes private enterprise and is also fully aware those private enterprises offer lucrative training programs to NSW government agencies regarding the access to information and privacy arenas, and currently also enjoying the absence of regulation in providing that training.
Telina Webb has located the Network’s Terms of Reference which state that meetings and discussions had between Network members are conducted under Chatham House Rules. Designed to increase open discussion, Chatham House Rules enables any person attending a meeting to freely use information from the discussions but is prevented from disclosing where information originates from, with its guiding spirit “Share information you receive, but do not reveal the identity of who said it.”
In the context of government agencies and non-governmental organisations privileged with membership in the Network, the Rule facilitates and promotes the sharing of the public’s information without accountability or transparency, and with the general consensus agreement that each member sees such conduct as acceptable.
“It is the perfect guise for breaching the public’s privacy without any accountability whatsoever,” stated Ms Webb. “The fact the IPC publicly endorses the Network is indicative of a double standard where the IPC is seen to be promoting the rights of the public on the surface and yet supports the unauthorised sharing of the public’s information, and therefore should immediately raise suspicion of the activities of the Network members, most of which are employed by the NSW government in the area of accessing information and the protection of the public’s privacy.
It is not an example of the public’s expectations of governmental policy or procedure, in fact there is no policy or procedure, nor any Code of Conduct within the Network, just a no-holds-barred culture under the banner of the Chatham House Rules, which one would expect reverberates into each member-agency and private enterprise organisation as a result. No doubt the ability for agencies to make successful workers compensation claims to cover the legal costs associated with seeking a Section 110 Order under the GIPA Act 2009, an order designed to frustrate and obstruct the public’s rights to access government information, is also readily discussed and road-mapped under the Chatham House Rules cloak and dagger mechanism.”
In response to a recent Formal Request for Information held by the IPC, the IPC has indicated it will publish all its exclusive presentations to third party organisations including the Network, by end of 2021.
As at 21st December 2021, the presentations published on the IPC website are limited and selective, obviously absent of the Network presentations, and with staff reduction over the festive season, it is unlikely the IPC will be able to make good on its reassurances it will publish all that it promised it would.
• Telina Webb can be contacted on 0493 211 635
The organisation, currently chaired by iCare Insurance’s Nikki Gibbs-Steele, was established several decades ago according to the original chairperson Phillip Youngman of Youngman Consultancy based in Sydney. Mr Youngman is confirmed as a current member.
The recent request for information was prompted by iCare’s disclosure that several NSW government agencies had covered legal costs associated with a Section 110 Order under the GIPA Act 2009, by the lodging of a successful workers compensation claim with iCare. The case of Dept of Education v Zonnevylle (2020) NSWCATAD 96 for an Application for a Section 110 Order against Mr Zonnevylle records the NSW Dept of Education “working” with the Dept of Justice and Dept of Finance. Dept of Education is yet to disclose the full nature and initiation of the collaboration on that occasion, but there can be no doubt Mr Zonnevylle’s personal privacy was repeatedly breached by all three government departments, and that the case was funded by a successful workers compensation claim.
The Network’s chairperson Ms Gibbs-Steele has a long history in the right to information and privacy arena, with solid relationships with both the NSW Information & Privacy Commissioners (IPC), working with the IPC during audit projects, occupying a role as an Investigations & Review Officer with the IPC, as well as Head of Privacy at iCare. As such it is clear Ms Gibbs-Steele is well-connected to both Commissioners.
Likely the result of that connection to both Commissioners, the Network was noted to be listed on the IPC’s government website www.ipc.nsw.gov.au for some time, until recently pointed out to the IPC that the Site had been deactivated. Likewise the Network regularly secures exclusive presentations from both Commissioners on an invitation-only basis.
In an email dated 21st December 2021, the IPC stated that the Network was a governmental organisation, comprised of government agencies, which is incorrect. As a regular exclusive presenter of information to the Network, the IPC is fully aware the Network’s membership includes private enterprise and is also fully aware those private enterprises offer lucrative training programs to NSW government agencies regarding the access to information and privacy arenas, and currently also enjoying the absence of regulation in providing that training.
Telina Webb has located the Network’s Terms of Reference which state that meetings and discussions had between Network members are conducted under Chatham House Rules. Designed to increase open discussion, Chatham House Rules enables any person attending a meeting to freely use information from the discussions but is prevented from disclosing where information originates from, with its guiding spirit “Share information you receive, but do not reveal the identity of who said it.”
In the context of government agencies and non-governmental organisations privileged with membership in the Network, the Rule facilitates and promotes the sharing of the public’s information without accountability or transparency, and with the general consensus agreement that each member sees such conduct as acceptable.
“It is the perfect guise for breaching the public’s privacy without any accountability whatsoever,” stated Ms Webb. “The fact the IPC publicly endorses the Network is indicative of a double standard where the IPC is seen to be promoting the rights of the public on the surface and yet supports the unauthorised sharing of the public’s information, and therefore should immediately raise suspicion of the activities of the Network members, most of which are employed by the NSW government in the area of accessing information and the protection of the public’s privacy.
It is not an example of the public’s expectations of governmental policy or procedure, in fact there is no policy or procedure, nor any Code of Conduct within the Network, just a no-holds-barred culture under the banner of the Chatham House Rules, which one would expect reverberates into each member-agency and private enterprise organisation as a result. No doubt the ability for agencies to make successful workers compensation claims to cover the legal costs associated with seeking a Section 110 Order under the GIPA Act 2009, an order designed to frustrate and obstruct the public’s rights to access government information, is also readily discussed and road-mapped under the Chatham House Rules cloak and dagger mechanism.”
In response to a recent Formal Request for Information held by the IPC, the IPC has indicated it will publish all its exclusive presentations to third party organisations including the Network, by end of 2021.
As at 21st December 2021, the presentations published on the IPC website are limited and selective, obviously absent of the Network presentations, and with staff reduction over the festive season, it is unlikely the IPC will be able to make good on its reassurances it will publish all that it promised it would.
• Telina Webb can be contacted on 0493 211 635