The theme of this year’s Right to Know Week is ‘Mainstreaming Access to Information and Participation in the Public Sector in NSW’
(IPC media release 23rd September 2024).
Firstly, mainstreaming is expected to refer to the normalising of certain actions or conduct.  The new Commissioner Ms Rachel McCallum infers accessing information should be normal, nothing extraordinary, a part of every-day democratic life, and most importantly aligning with the public’s legally enforceable rights to access NSW government information (supposed rights of course).

Secondly Ms McCallum appears to be waving the banner for government transparency through access to its information whilst at the same time empowering the public’s participation; transparency remaining an elusive myth and public participation in what?

Her media release states QUOTE NSW is a world-leading example of how to mainstream transparency in the public sector UNQUOTE.

Unfortunately someone obviously forgot to send out that memo to the state’s right to information and privacy officers, who have a documented history of routinely obstructing the public’s rights to access information.

The previous NSW Information Commissioner, Elizabeth Tydd since promoted to Federal Information Commissioner, is evidenced to oppose the full and proper transparency of our state government and she most definitely was against public participation.

Ms Tydd is documented to obstruct public debate, with her office blocking social media platform discussions and most particularly silencing any degree of negative commentary or feedback directed towards her then-office.  Such blocking has in some instances remained in place, without supporting legislation or any right of review, for years.  This is not an example of a democratic government or one of its departments, particularly that which ironically concerns access to information.

This does not exemplify any level of transparency or support for public participation.

Further, Ms Tydd is also documented using her position and departmental connections to engage NSW Police to ‘investigate’ the public participating in meetings with her.  No doubt Ms Tydd was concerned content from those meetings might become public knowledge, heaven forbid, and initiate warranted discussion of the manner in which she ran her Information Ship.

Ms Tydd was also repeatedly petitioned by the public to lobby for legislative change, but this too fell on deaf ears.  In fact, it was difficult to get IPC Fact Sheets properly updated during her reign.  However, she was at all times strongly connected and fully accessible to, the State’s cartel of Right to Information & Privacy Officers, which revealed her primary allegiance despite the release of a document listing the public as the State’s major stakeholder in its government information.

Perhaps Ms McCallum will herald in a new age of reform, indeed the theme of this year’s Right to Know Week indicates such on the surface.

Only time will tell.
But time will also tell whether or not the public will see more of the same by its new Information Commissioner, with events such as Right to Know Week nothing more than meaningless publicity stunts and propaganda designed to do nothing more than tick some kind of bureaucratic box.

Program Champions of the IPC event include agencies evidenced to routinely manipulate the legislation, provide false and misleading statements about Access Applicants for the purpose of obstructing legislated rights, falsifying public interest claims against disclosure of information, giving favour to select individuals, and basically completely corrupting the Access to Information and its review processes.

There is also documented evidence Program Champions solicit sister agencies for information to be used against the public, and moreso circulating a road map on how to control Access Applicants deemed problematic by engaging NSW Police, seeking restraining orders, and seeking legal costs; all designed to control and punish the public for endeavouring to access its beneficial legislation.

Program Champions spend copious amounts of public monies defending valid access applications, often trashing an Applicant’s good character and making it clear if they continue to press their legal rights they will pay heavy financial costs as punishment.

Program Champions are also evidenced placing Right to Know Week promotional material in hard-to-find website pages, with hard-copy posters and banners out of the public’s plain sight.

Perhaps time will also tell whether or not Ms McCallum will continue the toleration of such conduct which has totally shamed the principles of transparent democratic government.

Perhaps she will open her door to the public and really listen to what people have to say.

Only when both sides are included in the necessary conversations is any level of ‘transparency and public participation’ remotely possible.

Contact:

Office of the NSW Information & Privacy Commissioner, 1800 472 679

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