The NSW Ombudsman has accused the Keneally ALP government of avoiding scrutiny of its decisions by "manufacturing" legal privilege.
A damning report was tabled by the NSW Ombudsman Bruce Barbour earlier this week. Barbour's report is an excoriating indictment of government agencies, stating "sometimes, government agencies are intent upon preventing us from doing our job, challenging our involvement in matters and where possible preventing us from accessing information. One of the most frequently used tools is a claim of legal professional privilege. These claims are quite often shown to be without foundation, and appear to be primarily aimed at frustrating our investigations."
Crucially, the report indicates that government agencies claim privilege in order to frustrate FOI requests. Amongst the cases cited, Barbour notes that a FOI request by Sydney's Daily Telegraph to the Road and Traffic Authority was rejected. The request related to....wait for it....potholes.
Rather than release the information requested, the RTA engaged an external law firm to review a report on said potholes. And therefore didn't have to release it.
According to Barbour, the NSW Ombudsman is alone in Australia for allowing exemptions on grounds of privilege. But all that needs to happen to fix it is for the removal of nine words (repeated twice) from the Ombudsman Act. Thus explaining the report's snappy title "Removing Nine Words".
Having brought the issue to the attention of Parliament on numerous occasions a disheartened Mr Balfour concludes his foreword "it is unclear why there is such reluctance to put forward this simple but important amendment."
For a copy of the report click here.
Tip Off ROF
A damning report was tabled by the NSW Ombudsman Bruce Barbour earlier this week. Barbour's report is an excoriating indictment of government agencies, stating "sometimes, government agencies are intent upon preventing us from doing our job, challenging our involvement in matters and where possible preventing us from accessing information. One of the most frequently used tools is a claim of legal professional privilege. These claims are quite often shown to be without foundation, and appear to be primarily aimed at frustrating our investigations."
Crucially, the report indicates that government agencies claim privilege in order to frustrate FOI requests. Amongst the cases cited, Barbour notes that a FOI request by Sydney's Daily Telegraph to the Road and Traffic Authority was rejected. The request related to....wait for it....potholes.
Rather than release the information requested, the RTA engaged an external law firm to review a report on said potholes. And therefore didn't have to release it.
 |
Nothing to see here |
According to Barbour, the NSW Ombudsman is alone in Australia for allowing exemptions on grounds of privilege. But all that needs to happen to fix it is for the removal of nine words (repeated twice) from the Ombudsman Act. Thus explaining the report's snappy title "Removing Nine Words".
Having brought the issue to the attention of Parliament on numerous occasions a disheartened Mr Balfour concludes his foreword "it is unclear why there is such reluctance to put forward this simple but important amendment."
For a copy of the report click here.