NSW Dept of Communities & Justice Makes Good on its Threat to Formally Restrict Access to Agency Services Simply Because it Doesn’t Like the Format of a Non-Threatening Frank Valid Access Application, 30.10.2024
It was during NCAT proceedings on 29th June 2023 the threat was initially made, with the message clear “we don’t like your submissions in NCAT proceedings, and you’re now on notice this is not conduct we will tolerate”.
Dept of Communities and Justice remains determined to bully parties to proceedings into modifying submissions, without any powers to do so however.
The parties in the proceedings were the Department and Telina Webb of NSW Freedom of Information. She was endeavouring to exercise her legal rights to access NSW government information in accordance with beneficial legislation.
Now over a year later Jodie Cobbin Director / Business Unit Manager Open Government Information & Privacy Unit (yes that is a mouthful) was putting her earlier plan into action, likely waiting for the opportunity to do so, with Webb on a Watch List.
After all, Ms Cobbin had distributed her own personal policy on just how to deal with problematic Access Applicants in March 2019 at a public meeting. There was no hiding it now.
Webb had lodged a valid Access Application with the Department just (5) five days earlier, 25th October 2024.
Webb had highlighted documented issues with current practices by NSW government agencies evidenced to trample on the public’s legislated rights, manipulating the legislation, and formulating defective decisions. Agencies also routinely breached the public's privacy, freely sharing personal information.
There was nothing to hide. With over (400) four hundred recorded members of the NSW Right to Information & Privacy Practitioners’ Network, or NIPPN, all of whom embrace unlawful protocols and collude under the protective prep-school banner of Chatham House Rules, the issues raised by Webb in her Access Application were nothing new; it was by now common knowledge.
But Ms Cobbin was not happy.
Out of the (15) fifteen issues raised by Webb in her Access Application, only (4) four seemed to touch a sensitive nerve:* ‘providing false and misleading information about unsuspecting members of the public’* circulating ‘false and misleading documents…to third party agencies and the NSW judiciary for the purposes of influencing key decision makers …’* ‘initiat[ing] and implement[ing] agreements with interested third parties to falsely apply public interest considerations against disclosure of open access information mandated from release’* ‘concealing and protecting information and influencing key decision makers.’
“So I was hit with a restriction of access to services for a year. I had not made a complaint. I had not threatened any person. I did not use foul language. I made no demands. My correspondence was extremely professional,” stated Webb.
Cobbin claimed members of staff viewed the content of the Access Application as defamatory, threatening, insulting, misleading, abusive, and this has resulted in significant levels of stress.
“I’m wondering how many staff are we talking about? Was it shared around? Did they have a meeting? How was the Risk Matrix applied to warrant this kind of action? I imagine hundreds of government employees running, screaming from the office and out into the streets of Parramatta……….. Let’s be honest, I think it’s more about not wanting the public to call out agency misconduct and corrupt conduct. It’s okay to do it, but if anyone talks about it or raises public awareness they will be punished in some form or another. NSW government agencies are riddled with policies about ethics, compliance with legislation, reporting protocols, complaint handling policies, zero tolerance of corruption. But when any of these are tested they prove to be completely valueless. They thrive on control. They must have it. They must retain it. Resistance is futile. Cobbin’s been waiting for her opportunity and of course there is no avenue of review. How democratic! And no, I won’t be changing the format of my Access Applications; every word, every issue I’ve raised is based on agency documentation,” stated Webb.
“These restrictions are designed to further frustrate and deny the public’s legislated rights particularly when there are strict time frames for various actions. It’s designed to deny due process. There are numerous individuals under these constraints at any given point in time. It is a disgraceful abuse of position and power. Ce La Vie!”
Cobbin's notification is here. Read more about NIPPN 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.
Dept of Communities and Justice remains determined to bully parties to proceedings into modifying submissions, without any powers to do so however.
The parties in the proceedings were the Department and Telina Webb of NSW Freedom of Information. She was endeavouring to exercise her legal rights to access NSW government information in accordance with beneficial legislation.
Now over a year later Jodie Cobbin Director / Business Unit Manager Open Government Information & Privacy Unit (yes that is a mouthful) was putting her earlier plan into action, likely waiting for the opportunity to do so, with Webb on a Watch List.
After all, Ms Cobbin had distributed her own personal policy on just how to deal with problematic Access Applicants in March 2019 at a public meeting. There was no hiding it now.
Webb had lodged a valid Access Application with the Department just (5) five days earlier, 25th October 2024.
Webb had highlighted documented issues with current practices by NSW government agencies evidenced to trample on the public’s legislated rights, manipulating the legislation, and formulating defective decisions. Agencies also routinely breached the public's privacy, freely sharing personal information.
There was nothing to hide. With over (400) four hundred recorded members of the NSW Right to Information & Privacy Practitioners’ Network, or NIPPN, all of whom embrace unlawful protocols and collude under the protective prep-school banner of Chatham House Rules, the issues raised by Webb in her Access Application were nothing new; it was by now common knowledge.
But Ms Cobbin was not happy.
Out of the (15) fifteen issues raised by Webb in her Access Application, only (4) four seemed to touch a sensitive nerve:* ‘providing false and misleading information about unsuspecting members of the public’* circulating ‘false and misleading documents…to third party agencies and the NSW judiciary for the purposes of influencing key decision makers …’* ‘initiat[ing] and implement[ing] agreements with interested third parties to falsely apply public interest considerations against disclosure of open access information mandated from release’* ‘concealing and protecting information and influencing key decision makers.’
“So I was hit with a restriction of access to services for a year. I had not made a complaint. I had not threatened any person. I did not use foul language. I made no demands. My correspondence was extremely professional,” stated Webb.
Cobbin claimed members of staff viewed the content of the Access Application as defamatory, threatening, insulting, misleading, abusive, and this has resulted in significant levels of stress.
“I’m wondering how many staff are we talking about? Was it shared around? Did they have a meeting? How was the Risk Matrix applied to warrant this kind of action? I imagine hundreds of government employees running, screaming from the office and out into the streets of Parramatta……….. Let’s be honest, I think it’s more about not wanting the public to call out agency misconduct and corrupt conduct. It’s okay to do it, but if anyone talks about it or raises public awareness they will be punished in some form or another. NSW government agencies are riddled with policies about ethics, compliance with legislation, reporting protocols, complaint handling policies, zero tolerance of corruption. But when any of these are tested they prove to be completely valueless. They thrive on control. They must have it. They must retain it. Resistance is futile. Cobbin’s been waiting for her opportunity and of course there is no avenue of review. How democratic! And no, I won’t be changing the format of my Access Applications; every word, every issue I’ve raised is based on agency documentation,” stated Webb.
“These restrictions are designed to further frustrate and deny the public’s legislated rights particularly when there are strict time frames for various actions. It’s designed to deny due process. There are numerous individuals under these constraints at any given point in time. It is a disgraceful abuse of position and power. Ce La Vie!”
Cobbin's notification is here. Read more about NIPPN 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.