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The Forum > General Discussion > Is freedom of information broken in NSW?

Is freedom of information broken in NSW?

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Dear Sylvia,

I don't know what else to suggest.

Freedom of information you'd think would arouse
an interest on a forum such as this one - not
sure why it didn't. Still here's hoping that perhaps
someone can come forward and offer some advice
of substance.

Fingers-crossed.
Posted by Foxy, Sunday, 22 August 2021 12:43:37 PM
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Could it be, Sylvia, that you are the only person who has made an enquiry about what you see as a problem? If it's only you, or if you are one of only a few, you are on a hiding to nothing. Such is Australia today that are likely to have been written off as a ratbag.
Posted by ttbn, Sunday, 22 August 2021 1:38:44 PM
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Which just goes to show that they employ the
wrong kind of people. They could have handled
the situation in a much better way, or at least
referred it to someone who could handle it better
to everyone's satisfaction. Probably some dick
handled it. And there's plenty of those around
as we know.
Posted by Foxy, Sunday, 22 August 2021 1:47:48 PM
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ttbn, the situation here is not one where I have just been fobbed off by some minion. This has gone through a formal process. The initial refusal was examined (at my request) by the Information Commissioner. It was then reviewed by the Tribunal. Finally, some aspects of the decision of the Tribunal were examined by the Appeal Panel.

A person reading the GIPA Act, and probably the members of Parliament who passed it, would get the impression that most information would have to be released. These is a list of exemptions which, on the face of it, are not unreasonable. The problem is that the meanings of some of the words and expressions used in those exemptions have been contorted out of recognition. For example "could reasonably be expected" has come to mean "not impossible". The word "facilitate" now means "make easier by any degree, no matter how small".

And, as I indicated in my original posting, "facilitate a criminal act" means "make a criminal act easier by any amount" even when using the information that way is a very silly way to commit the criminal act which can be committed in must simpler ways without using the information.

For example, Sydney Train's position was that the information could be used to stop a train by constructing, or sourcing, electronic equipment, breaking into the electronics cabinets in full view of other passengers and surveillance cameras, attaching the equipment (which one has never had a chance to test on a train), and using the equipment to stop at train, with the culprit very obvious, and then being stuck inside a stopped train ready to be arrested.

Never mind that connecting a wire across the rails beyond a signal will do the job in a much simpler way that doesn't expose the perpetrator to the same risk of arrest, and has the advantage of determining exactly where the train will stop.

So when an agency doesn't want to release information, and agencies never do, they have plenty of pretexts available to them, and the Tribunal lets them get away with it.
Posted by Sylvia Else, Sunday, 22 August 2021 2:09:01 PM
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Sylvia,

I applied through FOI (freedom of information) a long time ago and I had to wait about two months and it cost me about $100, but I got most of what I was looking for. I was shocked at the price and unfortunately Governments at all levels don't want information that will hurt them given out to the public.

I agree with Foxy to take the matter further not just with A Current Affair, but other media like the ABC, but also local community newspapers and Facebook pages.

Also don't forget we have a Federal Election next year so ask the candidates what they stand for!
Posted by NathanJ, Sunday, 22 August 2021 8:50:01 PM
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There's another link here:

http://probonoaustralia.com.au/news/2021/03/advocates-say-nations-foi-system-is-under-attack/

Governments and authorities needs to be held responsible regardless of COVID-19 being a major issue.
Posted by NathanJ, Sunday, 22 August 2021 8:54:12 PM
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