The proceedings were before the NSW Civil & Administrative Tribunal, NCAT.

The parties were Dept of Communities & Justice, Justice NSW, and Telina Webb as always unrepresented and on behalf of NSW Freedom of Information; a free community service to assist the general public's understanding of accessing NSW government information.

Ms Webb brought the proceedings in NCAT further to Justice' decision to predominantly refuse access to a covert presentation document titled "Tale of a Fixated Applicant," a document published and made available to some (500) five hundred Right to Information & Privacy Officers across the state as well as a number of individuals from private enterprise.

The publication, authored by the Director Open Government Information & Privacy Unit Ms Jodie Cobbin, was created on a Justice Powerpoint template, incorporated the departmental logo, and was signed off by her with her name clearly legible.

Ms Webb had discovered the existence of the document on the internet through Minutes of a Meeting of NIPPN, the NSW Right to Information & Privacy Practitioners Network.  This group operates in plain sight, has all its meeting expenses including swanky function facilities paid for by public monies, and government staff attend during government business hours so they get paid.

The purpose of NIPPN is to "share ideas in a safe forum" as though this is a disclosure staff do not feel safe in their publicly-funded workplaces.  NIPPN also operates under Chatham House Rules on the premise that "whatever happens at NIPPN stays at NIPPN".  Chatham House Rules is not legislated and discussions about government business and the public's personal information breaches statutory obligations, with government employees feeling snug and safe to do so.

This week however, Ms Webb had requested to attend the upcoming NCAT Hearing via Audio Visual Link, given she is located outside of the metropolitan area, making her case based on remote location and avoidable associated time and costs.

It was understandable therefore to be shocked by the return submissions and commentary from Justice NSW in-house solicitor Mr Jonathan Ian Franklin, who provided written evidence he / someone within Justice had acted in a troll-like manner to find information on the internet to be specifically used against Ms Webb for the purposes of obstructing the provision of the Link to her.

In response to Mr Franklin's embarrassing submissions, Ms Webb forwarded a reply provided to both NCAT and Justice.

In response to her reply she was shocked and disappointed to receive a formal warning letter from Justice, signed by a pseudonym so as to avoid accountability.

"If this wasn't so serious it could only be considered a total joke.  What a cowardly, gutless act!  Didn't even have the decency or professionalism to properly identify the author. Clearly Justice likes to dish out the insults and act in a manner designed to taint the character of valid access applicants, totally undermining legitimate access to judicial services, but should anyone dare to stand up and try to make a defence, they pull out a formal warning.  In other words, we will do and say exactly what we want and you have no say or recourse whatseover; and make no mistake the NCAT will take our side every time!" stated Ms Webb.

Mr Franklin was right, on 27th June 2023 NCAT did give Justice what it wanted and the AVL was refused to Ms Webb.

Jonathan Franklin's unethical submissions on the AVL application and evidence of trolling are here.

Ms Webb's reply is here.

Justice NSW' cowardly and threatening warning letter under pseudonym is here.  The author waited until the NCAT had published its AVL decision before issuing it here.

"The public has the right to know the Department of Communities & Justice is ready, willing and able to use its government position to punish and retaliate against unrepresented parties in NCAT proceedings, simply for choosing to exercise their legal right to file submissions in support of their case," stated Ms Webb.  "I thought I'd seen everything when dealing with the bullying, threats, intimidation and false and misleading statements from a lowly Council, but this is a whole new level.  No doubt Mr Franklin can share his strategy in the safe space of NIPPN for all to learn from, hiding under prep-school Chatham House Rules while he knowingly breaches his statutory obligations."

Contact:
Jodie CobbinJodie.cobbin@justice.nsw.gov.au

Jonathan Franklin
jonathan.franklin@justice.nsw.gov.au
Michael Tidball, SecretaryMichael.tidball@justice.nsw.gov.au