25 May 2010

Ms Vicki Buchbach
Committee Manager
Committee on the Office of the Ombudsman and Police Integrity Commission
via electronic mail ombopic@parliament.nsw.gov.au

Dear Ms Buchbach,

Re: Government Information (Public Access) Act 2009

Review of excluded information of particular agencies

I refer to our telephone call of earlier today in relation to responsibilities of the Committee on the
Office of the Ombudsman and Police Integrity Commission (the Committee) with respect to the
Government Information (Public Access) Act 2009 (GIPA).

As you would be aware, in 2009 the Government called for submissions on the Open Government
Information Bill and other exposure draft bills. The Government considered these submissions in the
formation of the final version of GIPA.

I informed you that I had made a submission to the Government in relation to the exclusions which
apply to workers compensation claims. The Department of Premier and Cabinet accepted my
submission and it was published1 on the FOI Reform mini-site (and in accordance with my request
my personal information was not made public).

I now wish to make myself known to the Committee as the author of this submission and to make
myself available to it should it so request. As such, it would be appreciated if this letter is passed on
to the Committee Chair for his information and consideration.

As noted in our telephone discussion, GIPA is due to commence on 1 July 2010 and as such the
Committee cannot consider anything related to GIPA until its actual commencement.

You have indicated that in August the Committee will consider its responsibilities under GIPA. Whilst
I understand that the final agenda for this meeting is at the discretion of the Committee, you have
also indicated that it seems unlikely that there would be any consideration given to review of GIPA
Schedule 22 exclusions at that time.

1
NSW Government → Premier and Government → FOI Reform - Open Government Information →
Submissions on exposure draft bills →
http://www.dpc.nsw.gov.au/ data/assets/file/0011/49079/NameWithheld1.pdf
2
NSW Government → NSW Legislation → Government Information (Public Access) Act 2009 No 52
http://www.legislation.nsw.gov.au/fullhtml/inforce/act+52+2009+sch.2+0+N?#sch.2

Document: 20100525-957D (P1/2)

I accept that GIPA is new and that the Committee may wish to see it in operation before giving
consideration to any review of its exclusions. However, the exclusions which are currently in place
under the Freedom of Information Act 1989 (FOI) have merely been carried across to GIPA
unchanged.

That is to say that the things excluded under FOI will also be excluded after the commencement of
GIPA. The appropriateness of such exclusions and the effects of these is something which I believe
that the Committee could therefore give consideration to early into operation of GIPA.

It should be noted that on 18 June 2009 (Attachment “A”) I expressed my concerns to the
Government about the carryover of these exclusions. In letter dated 14 July 2009 (Attachment “B”)
from Mr Leigh Sanderson, Deputy Director General (General Counsel), the government outlined its
position on this.

My interest in GIPA relates to “the management of specific [workers compensation] claims” which
curiously is listed under the exclusion section “Competitive and market sensitive information”. I say
curiously because the management of specific clams relates to the personal information of an
individual injured worker and not to market sensitive information.

As stated herein, I would like to make myself available to the Committee should it seek any further
information about my submission. However, I would ask that my name and contact information is
not made public and if any document is published that such information is redacted prior to
publication.

Yours sincerely,

Document: 20100525-957D (P2/2)

 Attachment “A”

18 June 2009

The Hon. Nathan Rees MP

Level 39 Governor Macquarie Tower
1 Farrer Place
Sydney NSW 2000
via facsimile (02) 9228 3522

Dear Premier Rees,

Re: Freedom of Information (FOI) reform – Agency exclusions

I am writing to express my disappointment with the FOI reform legislation you have introduced into
parliament.

Specifically, I am concerned that the excluded functions of particular agencies as listed in Schedule 2
of the Government Information (Public Access) Bill remain as they are in the current Freedom of
Information Act 1989.

I note that the Government’s response to submissions states that agencies afforded exemptions
“have already articulated the reasons for those exclusions”. The fact is that many of these agencies
have proffered spurious reasons for continuation of their exemptions yet these have been accepted
at face value by you.

The Government goes on to say that it, “considers that all of the relevant agencies have provided
sufficient reasons to justify their continued inclusion in this schedule at this stage.” If that really is
the case, then your Government has shown that it has not properly reviewed each agency’s
submission – some of which are very light on indeed – all they do is ask for a continuation.

It is extremely disappointing to find that this opportunity to tidy up some of these exemptions
appears to have been wasted.

I note, however, that exemptions will be reviewed by a Joint Parliamentary Committee. It would be
appreciated if you could detail this process, including how the committee is comprised, and
timeframes applicable to such reviews.
Thank you for your assistance with this matter.

Yours sincerely,
Attachment “B”