To: fionabrown01@hotmail.com
Open and Shut
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- Calling "damage to international relations", with mixed results
- Much ado, to no avail, about the records on "true heir to the throne of Iran."
- No OGP joy in budget, all eyes on EITI in Sydney this week
Calling "damage to international relations", with mixed results
Posted: 19 May 2013 07:25 PM PDT
Agencies other than Foreign Affairs and Trade get to try their hand from time to time at Section
33 of the Freedom of Information Act and whether disclosure would, or could reasonably be expected to, cause damage to the international relations of the Commonwealth.
With contrasting results as seen in two recent review decisions by the
Office of Australian Information Commissioner. The Australian
Broadcasting Corporation, in the unusual position of being against
disclosure, unsuccessfully argued that damage would result from release of information about a Solomon Islands media assistance project it manages for AusAID. The Bureau of Meteorology on the other hand provided enough evidence to convince the Acting Freedom of Information Commissioner to affirm its decision
to refuse access to documents concerning a peer review undertaken of a
NZ government research agency report on temperature changes.
In Wake and Australian Broadcasting Corporation [2013] AICmr 45 the applicant sought access to documents concerning the Solomon Islands Media Assistance Scheme including the program’s overall effectiveness, the number of consultants used, the number of people trained and any evaluation of its effectiveness. The Solomon Islands Government is a key stakeholder in SOLMAS and the ABC submitted that public disclosure of the documents could adversely affect its relations with the Solomon Islands Broadcasting Corporation and the Ministry of Communication and Aviation. Acting Commissioner Pirani was unimpressed:
The Acting Commissioner noted [21] some
of the documents contain comments critical of identified individuals. "To the
extent that these documents contain personal information
which would be
unreasonable to disclose and the release of which would be contrary to the
public interest, I consider it is appropriate
for this material to be edited
before the documents are released to Ms Wake."
In AA' and Bureau of Meteorology [2013] AICmr 46 the documents in question were about a review conducted by the Bureau of the ‘Seven-station’ temperature series report prepared by the New Zealand National Institute of Water and Atmospheric Research Ltd (NIWA), a NZ government research and consultancy agency. In response to legal action initiated in New Zealand with respect to the accuracy of the temperature data series, NIWA asked the Bureau to undertake a review of the methodology and documentation of its report. Acting Commissioner Pirani accepted there are scientific conventions of confidentiality and anonymity associated with peer review, that the Bureau’s review was a peer review, as understood in the scientific community, that assurances of confidentiality had been given, and that disclosure would be contrary to s 33:
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Much ado, to no avail, about the records on "true heir to the throne of Iran."
Posted: 19 May 2013 02:15 PM PDT
There is an angle but nothing of significant Freedom of Information interest in this Federal Court decision.
However it is hard to go by Justice Gray's first sentence without a
peek. The decision runs to 100 paragraphs.To cut to the chase, Ms Fard
failed in her application and had costs awarded against her.
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No OGP joy in budget, all eyes on EITI in Sydney this week
Posted: 18 May 2013 09:59 PM PDT
Nothing in the Portfolio Budget Statements
for Attorney
General's Department, Office of Australian Information Commissioner or
Department of Foreign Affairs and Trade-the three likely suspects - to
indicate that Australia will be moving into 2013-2014 with a funded
initiative to take us into the Open Government Partnership.
Sigh.. But ever hopeful, maybe it means we are moving inexorably towards membership, thinking it won't cost a cracker, or nothing more than can be found within funds allocated for the normal course of business. Or something has been squirrelled away in that line item of $463 million for budgeted items yet to be announced? However the OGP financial ground rules are changing.The minutes(pdf) of the meetings in London in April reveal that a request is coming in June for a voluntary financial pledge in 2013 by all members of at least $25k, with mandatory annual contributions from 2014. Members of the Steering Committee who always had to dig deep are to be asked for an annual contribution of between $100 and $300k. The $25k would be no big deal but other costs are involved.The OAIC months back flagged it would need two extra staff if it was to be the lead agency, which may or may not prove to be adequate. Factor in as well the cost of doing something meaningful in developing a National Action Plan and reaching out to civil society to get there, and participating fully in international and regional activity and it means more will be needed than the key to the petty cash tin. So here we are in late May 2013 with the Australian Government's intentions still unknown. Notwithstanding former Attorney General Roxon's proposal to ministerial colleagues in 2012 that we join, Senator Faulkner's conviction in February that the OGP was exactly the sort of thing Roxon's successor Mark Dreyfus stood for, Foreign Minister Carr's indication at that time of in principle support, and Australian Information Commissioner Professor McMillan's observation that Australian membership was "inevitable only a matter of time." There is the opportunity this week for an announcement at the Extractive Industries Transparency Initiative Global Conference in Sydney with Minister Gray and Assistant Treasurer Bradbury scheduled to speak to the 1300 delegates. That will raise a cheer from where I'll be sitting and I'm sure I won't be alone. Continued silence will mean that Senate Estimates commencing 27 May provide another opportunity for those senators interested to probe process, which DFAT Secretary Varghese assured in February would be speedy. Senator Faulkner left off then saying he would be watching. I'm sure officials are looking forward to Estimates as much as I am. |
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