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Dept of Communities & Justice Director Open Government Information & Privacy Unit Manipulates Policy for Purposes of Procrastinating Legislated Right to Information Protocols, 30.10.2024
It’s an old story. Government employees get annoyed when the public points out misconduct and unlawful conduct. Moreso they get very, very annoyed when the public shares its experiences of government employee misconduct and unlawful conduct.There doesn’t appear to be any problem acting inappropriately. It’s only when it’s highlighted and talked about, perhaps even reported for accountability, that the public realises the avalanche of retribution they can face as a result. Case in point: accessing the public’s beneficial legislation often sees non-legislated protocols implemented as a show of power and might when ugly truths are out in the open slid across the corporate table as a mirror of behaviours…..………………. The public’s beneficial legislation on this occasion is the GIPA Act 2009. It was freely gifted to the NSW public by the Parliament in 2009 by the Honourable Nathan Rees, who is quoted it would “vastly improve the transparency and integrity of Government in New South Wales.” Hmmmmmmm. Could be seen as naively optimistic. But surely transparency and integrity and two entirely separate issues? Let’s not split hairs. Enter the Dept of Communities & Justice, Director of the Open Government Information & Privacy Unit (OGIPU) Ms Jodie Cobbin. Ms Cobbin is an ex-NSW Police Superintendent, and one who clearly objects to any person pointing out agency misconduct; but most particularly any misconduct on the part of OGIPU staff, her staff. Ms Cobbin is an advocate for showing force in the context of access to information. Today, in response to a valid access application lodged by Telina Webb Administrator of this Site, Ms Cobbin was so incensed by Ms Webb’s daring to point out agency misconduct and unlawful conduct in the exercise of statutory obligations in the context of GIPA, she restricted Webb’s access to services for (12) twelve months. What a champion, particularly as the OGIPU is notably listed among the IPC’s Right to Know Week Program Champions several years in succession, supporting the state-wide campaign which propagates the upholding of the public’s legislated rights. Cobbin’s notification included Webb’s confinement to specific delivery of communications, including the lodging of Access Applications, by regular mail only. Cobbin informed Webb her current email would be blocked along with any subsequently created email. Notably however, the GIPA Act 2009 does not provide any obstructive mechanism for the lodging of Access Applications. Not even under a Section 110 Restraining Order under GIPA. But yet, Cobbin has not only acted in contravention of the legislation on this occasion, she did so without justifiable cause. “Ms Cobbin issued an official warning she would take such action against me on 23rd July 2023. At that time she had issued the warning in response to submissions in the midst of NCAT proceedings. She just didn’t like them! And now, she’s come full circle to officiate her threat, again simply because she doesn’t like the format and content of my valid Access Application,” stated Webb. Cobbin described Webb’s valid access application with terminology such as ‘………defamatory, threatening, insulting, misleading, abusive, and this has resulted in significant levels of stress.’ Cobbin also accuses Webb of ‘making false and defamatory statements about OGIPU staff.’
“This ploy to make accessing NSW government information as difficult and long-winded as possible, where easy excuses of mail going astray cannot be validated, is all part of the OGIPU GIPA Control Show. This is part of Ms Cobbin’s own personal strategy to impede valid access applicants she’s categorised as fixated and problematic. Her strategy was first published on 27th March 2019 during a meeting of the NSW Right to Information & Privacy Practitioners Network, NIPPN, where she personally recommended a punitive control strategy for targeted members of the public. Her strategies included involving NSW Police, collaborating (colluding) with other agencies which breaches the public’s privacy, seeking legal costs against those seeking administrative reviews, and seeking formal restraint orders. She’s acting as though she’s still a cop! She’s very angry her management strategy has been exposed, and by me, and this is the result. This is very personal by a person expected to be able to manage her emotions and actions. I'm surprised Ms Cobbin didn't criticise my use of italics and bold in the text as she apparently finds that offensive too,” stated Webb.
It is another example of resentment towards the GIPA Act and the public’s right to access its beneficial legislation. And it is most embarrassing to see such resentment from under the umbrella of the NSW Attorney-General, where it’s supposed to be all about justice and fairness.
It is also another example of delegated and trusted authority being all-to-easily abused. Webb’s Access Application is here. Cobbin’s notification is available here.
Contact: Jodie Cobbin, on (02) 9716 2662 Jodie.cobbin@dcj.nsw.gov.au infoandprivacy@justice.nsw.gov.au. Commentary on this article including the content of Webb's Access Application and Cobbin's Notification is invited via the form below.
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