After almost (2) two years of humble operation to assist the NSW public in its understanding of current freedom of information processes, NSW Freedom of Information has launched its new number, 1300 679 364 or 1300 NSW FOI. 
Administrator and Freedom of Information Advocate Telina Webb was excited to take the next step in the provision of the service available at www.nswfreedomofinformation.net.  The new service enables the public to instantly leave a voicemail message and avoids any potential of missed calls.
The service is currently solely operated and provided by Ms Webb.  Initially she provided a personal mobile number for the purpose however as the demand for information about accessing NSW government information has rapidly grown since launching the Site in October 2021, there were instances of missed calls and the need to follow them up.
“This is a far better use of time and resources,” she stated.  “Personally, I’m very proud of what’s being achieved.  There is clearly a huge demand for a community service of this nature, with the public routinely explaining their lack of understanding of the legislation, their personal situations and why they seek access to government information.  Regrettably, it is generally a negative experience of some kind with an agency that instigates those initial enquiries as the public searches for answers.”
The bulk of enquiries to date has concerned NSW Police records with Local Councils and Courts running closely behind.  The public is also interested in its health records, and there are those seeking answers from the Coroner’s Office.
Some of those enquiries stem from interactions on social media, where experiences and opinions about agency decisions and conduct are often openly discussed and shared on fully public platforms.  Recent documentation originating from the NSW Dept of Communities and Justice (Justice NSW) however, show the NSW government takes a very dim view of the public engaging in such discussions, and most particularly when that commentary is critically frank.
As an example, in a current case before the NSW Civil & Administrative Tribunal (NCAT), in-house solicitor Jonathan Franklin of Justice NSW, operating out of the Department’s Open Government, Information & Privacy Unit, was self-evidenced trolling the internet and the NSW Freedom of Information website, searching for evidence of those discussions and criticisms.
As a result of the micro-dossier he had compiled for the purpose of influencing those proceedings, Mr Franklin successfully convinced a Principal Member of NCAT the services and opportunities for open discussion between members of the public and Ms Webb were offensive as unacceptable conduct, should be constrained, and as such were painted in a bad light.
The purpose of the micro-dossier was to have Ms Webb’s Miscellaneous Application to appear at an upcoming NCAT hearing via Audio Visual Link, dismissed.
Having received Mr Franklin’s multiple trolled digital screenshots and printouts as evidence, and reading Mr Franklin’s assertions Ms Webb and / or one of her associates may unlawfully record the hearing proceedings, or covertly share information or seek advice in the midst of the hearing, the Tribunal agreed Ms Webb should be made to travel the round trip of approximately (300) three hundred kilometres from her residence, pay premium parking fees for an anticipated all-day hearing, pay premium toll fees, ‘….a final hearing in person allows for a more efficient running of the matter and limits the technological issues which may arise and gives the Tribunal greater confidence that a party or witness is presenting their own case or giving their own evidence’ and that ‘granting an AVL Hearing would not be in the interests of justice.’
As an unrepresented party Ms Webb’s costs are not generally recoverable.
“I’ve participated in numerous hearings where parties attend remotely.  So too do NSW government agencies.  At every one of those hearings, where parties are self-represented, I have not seen a single laptop in front of that party. Likewise I too have never utilised a laptop during any proceedings.  I have however seen every government representative and client / spectator with individual laptops.  If there is any opportunity to unlawfully record proceedings, covertly share information or seek advice of any kind in the midst of hearings, it is those government personnel who have the opportunity to do so.”
“In April 2018, a Local Council in-house solicitor left her laptop running in an NCAT hearing room during a break whilst the opposing unrepresented party participated in a confidential discussion.  The same afternoon the Council presented a recording which they petitioned the Tribunal to listen to towards the subject case.  There can be no doubt whatsoever the Council solicitor made an unlawful recording of that confidential discussion on NCAT premises in total breach of the Court Security Act 2007, and then tried to introduce it as new evidence at the twelfth hour.  When a request was later made for that recording under the legislation, the Council and its solicitors denied it existed yet the reference to its legitimacy is firmly recorded within the NCAT transcript.”
What has become clear is NSW government agencies are taking a very dim view the public has chosen to exercise its fundamental right to share information and have open discussions on topics of interest to it, in forums that suit the purpose, and which may include seeking access to counsel.
“In this instance, we have a representative of the NSW Justice System publicly stating the community should be prevented from communicating about whatever it is of concern to them.  This does not align in any with the United Nations Universal Declaration of Human Rights (1948) Article 19, which states “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers.”  Further, Mr Franklin’s public position does not align with the NSW Model Litigant Policy or the Department’s Code of Conduct.”
The NSW public should be very concerned when any representative of the state’s justice system, particularly those supposedly representing and supporting open government, information and privacy, participates in trolling activities to extinguish those rights, and equally concerning is the revelation NSW Government Departments object to the un-represented, defenceless public seeking counsel in a manner of its own choosing.
Contact:	Jonathan Franklin, (02) 9765 4084