Proceedings before the NSW Civil & Administrative Tribunal, NCAT, today saw Director of the Open Government Information & Privacy Unit Ms Jodie Cobbin an ex-NSW Police Superintendent, admitting under oath she made a public presentation using departmental time and resources on the basis her actions would be shielded under prep-school Chatham House Rules.

Chatham House Rules operates on the premise participants can share information freely and anonymously, without any accountability whatsoever.

This disclosure by an Executive Officer from Justice NSW, one who operates under the strict statutes of GIPA and PPIP mandates, is evidence Justice NSW has given seniority to Chatham House Rules over legislated obligations.

Ms Cobbin made the presentation at a meeting of the organisation NSW Right to Information & Privacy Practitioners Network on 27th March 2019, and she was giving evidence today further to her Sworn Affidavit of 13th June 2023 where she disclosed she had breached the public’s privacy in doing so.

The Privacy & Personal Information Protection Act 1998, PPIP, prohibits the public’s personal information, collected for a specific purpose, to be used for a secondary or collateral purpose without first having obtained consent to do so from the person beforehand.

For example, if a member of the public interacts with a NSW government agency in the context of seeking access to government information and provides personal details such as name and address, that information cannot be used for any other purpose outside the purpose it was collected for without first having sought legal consent to do so.

This is basic fundamental privacy principles.

However, Ms Cobbin’s Sworn Affidavit and Justice’ Submissions made clear no consent had been obtained, with the provision of a heavily redacted document released under the GIPA Act 2009 the result.

The question for the Tribunal was whether the presentation should be released in full to the Applicant in the proceedings Telina Webb of NSW Freedom of Information, or if Justice NSW had satisfied it of the claimed public interests against full disclosure.

“This is a very serious predicament for Justice NSW when as recent as 29th August the department itself issued a formal letter, redirected by the NSW Attorney-General, that QUOTE “The Chatham House Rule is not legally binding and therefore cannot override the requirements of NSW legislation in any circumstances” UNQUOTE.

Hmmm, “in any circumstances,” is all inclusive with no exceptions or exemptions.

As at today’s date membership of the Network, or NIPPN as it’s more readily known within several caselaw decisions, includes individuals from private enterprise giving rise to Ms Webb’s claim the public has already been given unbridled access to it, including the public’s personal information.
In-house solicitor for Justice NSW Jonathan Ian Franklin submitted that the organisation NIPPN was governmental in nature and that no member of the public had access to it or information shared.  However, the Tribunal was referred to a separate submission from the Office of the NSW Crown Solicitor Ms Kiri Sue Mattes and a Sworn Affidavit from iCARE Senior Privacy Officer Ms Nicole Gibbs-Steele, both of whom stated NIPPN was non-governmental.
So which is it?  Is NIPPN Governmental or non-governmental?  That all depends upon who’s protesting to the release of the information at the time and what they hope to gain given there's no consistency across agencies.

But what remains clear is Ms Jodie Cobbin, ex-NSW Police Superintendent, a person who has in the past had unbridled access to the public’s personal information through the NSW Police Service’ Criminal Investigation Unit (CIU’s) Reports and the COPS System, appears to be still conducting government business as though she still holds the privileged and trusted position of NSW Police Officer, when she clearly does not.

Ms Cobbin has firstly covertly gained access to the public’s personal information, secondly used that information for a collateral purpose, and has made her third mistake by disclosing those details to a group of individuals at a public presentation, a group which includes individuals from and representing private enterprise.

"I don't believe Ms Cobbin made any mistakes.  I believe she acted calculatingly and arrogantly, confident she would never get caught, with her secret safe with all her NIPPN associates under Chatham House Rules.  Ms Cobbin breached the legislation straight up and there's no glossing that over; she has no excuse," stated Ms Webb.

The matter is reserved for a decision on an undetermined time frame.

The letter totally debunking Chatham House Rules is available here.
Contact:

Jonathan FranklinJonathan.franklin@justice.nsw.gov.au
Jodie Cobbinjodie.cobbin@justice.nsw.gov.au

Michael McIntosh
michael.mcintosh@justice.nsw.gov.au