The complaint concerns ex-top NSW cop, the Director of Justice’ Open Government Information and Privacy Unit, Ms Jodie Cobbin.

Ms Cobbin had arrogantly disclosed in a Sworn Affidavit of 13th June 2023 her personal knowledge of an Access Application lodged by Telina Webb of NSW Freedom of Information with agency iCARE.

The two agencies do not share interconnected offices, nor are they remotely closely physically located.

Ms Webb had requested the provision of Minutes of Meetings and the membership list of the organisation NSW Right to Information & Privacy Practitioners Network, or NIPPN as it’s come to be known.

iCARE was asked for the information as its Senior Privacy Officer Ms Nicole Gibbs-Steele was identified as the Chair of NIPPN.

At no time did Ms Webb give iCARE consent to share her personal information under any circumstances, and yet Ms Cobbin’s Sworn Affidavit had disclosed iCARE had done just that.On 09th July 2024 whilst under oath, Ms Cobbin had made the disclosure she’d had a telephone conversation with an iCARE staff member who had informed Ms Cobbin of Ms Webb’s Access Application and the nature of it.

With the disclosure of how and where Ms Cobbin had obtained Ms Webb’s personal information, Ms Webb subsequently wrote to Mr Michael Tidball, Secretary of the Department of Communities & Justice, requesting a Review of Conduct under the Privacy and Personal Information Protection Act 1998, or PPIP.

The date of that request was 15th July 2024.The PPIP Act states an agency in receipt of a Request of this nature is to be logged with the Office of the Privacy Commissioner, with acknowledgement of receipt of the request and the agency’s course of action relayed to the aggrieved party, in this instance Ms Webb.

"New Top Cop for Singleton"
Image courtesy Singleton Argus' Paul Maguire, 22nd November 2012

After confirming the Department’s receipt of her document, and not having received any notification from Justice itself, Ms Webb contacted the Privacy Commissioner.

Today, over a month later, the Commissioner’s Office confirmed it had not received anything from Justice NSW in accordance with the legislation, however outlining the avenues for review which amount to a formal application with the NSW Civil & Administrative Tribunal.

“Justice is effectively thumbing its nose at the legislative obligations under which it is mandated, forcing an applicant in this case me towards the Tribunal when this is not necessary.
I’m very concerned this display of arrogance is designed to cause additional distress and anxiety, from an individual who knows far better.  In particular, Ms Cobbin, as Director of the Open Government Information & Privacy Unit, is fully informed of her obligations and the legislation constraining her.  She disclosed she had access to my personal information.

She disclosed she used my personal information for a collateral purpose.  She disclosed the agency responsible for giving her the information.  By including it in a Sworn Affidavit she was effectively bragging about it.  This is the kind of conduct likely considered acceptable in her former employ as a NSW Superintendent of Police, where dossiers are compiled and recon about the public is standard operating procedure.  The only problem here is, Access Applicants are not criminals, but Ms Cobbin appears to treat these key public stakeholders as though they are,” stated Ms Webb.

“I’m currently considering whether or not to take this matter to NCAT, we will see.”
A Section 53 Report under the PPIP Act 1998 has also been lodged with iCARE which is seeing due process and legislated obligations applied, at least at this early stage.
Contact:
Jodie CobbinJodie.cobbin@justice.nsw.gov.au
Michael TidballMichael.tidball@justice.nsw.gov.au
Nicole Gibbs-Steelenicole.gibbs-steele@icare.nsw.gov.au
Lilli TzinbergLilli.tzinberg@icare.nsw.gov.au