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 TOP SECRETS: The reports the State Government doesn't want you to see 

TOP SECRETS: The reports the State Government doesn't want you to see

02 Feb, 2009 03:00 AM
RELEASING literacy and numeracy test results for Hunter schools under freedom-of-information laws could trigger a bureaucratic crisis between the NSW and Federal governments, the Department of Education believes.

If the Roads and Traffic Authority agreed to a freedom-of-information request to issue a draft media statement about the notorious Adamstown railway crossing, the public would gain an insight to the deliberations and decisions of the NSW cabinet.

A NSW Ombudsman report says these two cases are among thousands of freedom-of-information applications that State Government departments and other organisations refuse each year.

In some instances, the drawn-out process leading to the refusal of an application costs the taxpayer thousands of dollars.

NSW Council of Civil Liberties president Cameron Murphy says more State Government departments and agencies are finding ways to prevent the issuing of information under the 1989 NSW Freedom of Information Act.

"There appears to be a mentality where [freedom-of-information] officers look for ways to deny applications rather than for ways to facilitate them being granted," he said.

The comments are borne out in figures from the Ombudsman's office that show there was a 30 per cent drop in the number of freedom-of-information applications that were granted in full between 1996 and 2006.

The Department of Education relied on schedule 1, clause 5 of the act concerning documents "affecting inter-governmental relations" to refuse The Herald's request for Hunter schools' performance results in the 2008 National Assessment Program Literacy and Numeracy Test.

The Herald sought the information to gain an insight to how the region's schools were performing in comparison with schools around the state.

In his response, deputy director-general (schools) Trevor Fletcher said discussion was under way between the NSW and Federal governments concerning the release of the information.

"It has been agreed that the NAPLAN [National Assessment Program Literacy and Numeracy Test] data, including data by school region, will be published by the NSW Department of Education and Training on their website in mid- to late February 2009," he said.

"The disclosure of the NAPLAN results prior to that date could substantially impair good working relationships between NSW, other state and/or the Commonwealth Government."

The Roads and Traffic Authority used schedule 1, clause 1 to refuse The Herald access to a draft media statement concerning options for improving the Adamstown railway crossing.

The authority's freedom-of-information team leader said the document contained "matter the disclosure of which would disclose information concerning any deliberation or decision of cabinet and as such is considered exempt".

The NSW Ombudsman is due to deliver a report that recommends sweeping changes to the NSW Freedom of Information Act this month, following a 12-month review sparked by concerns about the act's ineffectiveness.

"What we need in NSW is the same sort of reforms the new Commonwealth Government has announced," Mr Murphy said.

"We've had a flood of them [applications] granted since the new [Rudd] Government has come to power, yet we still find it excruciatingly difficult to get any out of state departments at all."

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comments


Date: Newest first | Oldest first
State Government is a useless and wasteful political overhead that delivers not nett value to the tax payers of Australia and especially NSW. Recent Ministerial appointments in NSW confirm that it is jobs for the boys and membership includes some of the best retirement benefits in world. It's time to end the wasteful gravy train and eliminate state government. Go to http://estateparty.wordpress.com and register to become a member of the Eliminate State Government Party.
Posted by Colin Kelly, 2/02/2009 8:19:03 AM
i agree - state government should be abolished. we dont need and cant afford this level of government. all we need are local councils that do their job properly and the commonwealth government.
Posted by chameleon, 2/02/2009 9:12:47 AM
Will this be the case come 2011 when the Liberal party take over? That's if they survive the shredder.
Posted by BJ, 2/02/2009 12:40:02 PM
There should be an appeal mechanism to a local or district court if an application is denied, heard in-camera if necessary, but at least debated as to why it is denied, and decided by law professionals if the applicant desires, not just decided by some government bureaucrat. That would be more appropriate in a Democracy -
Posted by bonkers, 2/02/2009 7:18:47 PM
Freedom Of Information Laws obviously need overhauling to stop the loopholes which Gov't departments use to avoid rightful scrutiny. "In The Public Interest" loophole should be the first to be closed!
Posted by Progressive Thinker, 3/02/2009 6:31:17 AM
Get the Minister for the Hunter onto the job. The matters would be within her portfolio and she will surely help
Posted by dodge, 3/02/2009 7:51:19 AM
I work in the Public Sector. The FOI laws means that no one is able to express opinions for fear of it being dragged up in an FOI request. It means that free thinking, which should be promoted as a way of achieving better outcomes for the community is smoothered. Do you really want public servants just pushing the politicians agendas? That is what FOI is doing!
Posted by jeff, 4/02/2009 6:42:14 PM
what are the benefits of more relaxed foi laws
Posted by Tanya, 4/04/2009 1:45:56 PM

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