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Records on private devices could be subject to FOI-but are they kept?

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Yes, a WhatsApp message could be subject to FOI – but you'd have to find it first Moira Paterson , Monash University   Secure messaging services like WhatsApp often feature in the news in the context of their potential use by terrorists . But paradoxically they are now used increasingly by Commonwealth government ministers and other senior officials . This raises important issues in terms of record-keeping, and whether messages on these services are accessible via Freedom of Information ( FOI ). Read more: Banning MPs from private messaging apps is a simplistic response to a complex problem What is FOI and what documents does it apply to? FOI laws are designed to make governments more open and accountable by providing access to documents that shed light on their activities. The Commonwealth FOI Act applies to the individuals and bodies that make up the Commonwealth government sector, although it excludes some specific bodies and documents . The Act provide

Vale Judge Kevin O'Connor AM

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Nice and deserved tributes in today's Sydney Morning Herald in an obituary by former NSW Solicitor General Michael Sexton for Kevin O'Connor who died in September Kevin's full and rich life detailed there, was Australia's first federal privacy commissioner and the foundation president of the NSW Administrative Decisions Tribunal and later Deputy President of the NSW Civil and Administrative Tribunal. And brought plenty of knowledge and experience to those jobs. Kevin had been head of research at the Australian Law Reform Commission 1976-1979 when one of its references was the ALRC's first on privacy. And Director of Policy and Research Victorian Attorney General's Department 1983-1985 when Victoria was the first state in Australia to introduce freedom of information legislation. And much, much more Kevin was a warm, friendly fellow with a lively glint in his eyes every time you encountered him. Sad to hear of his passing. Condolences to his family.

States and territories have improved integrity measures, but Commonwealth lags far behind

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This article was first published on The Conversation Voters want their governments – local, state, and federal – to clean up their act and put integrity reforms high on the agenda. AAP/Mick Tsikas Danielle Wood , Grattan Institute ; Carmela Chivers , Grattan Institute , and Kate Griffiths , Grattan Institute This week we’re exploring the state of nine different policy areas across Australia’s states, as detailed in Grattan Institute’s State Orange Book 2018 . Read the other articles in the series here . When it comes to cleaning up Australian politics, some states are doing much better than others – and almost all are showing up the Commonwealth government. Grattan Institute’s State Orange Book 2018 , released this week, compares the states and territories on the strength of their political institutions and checks and balances (among other things). Queensland and NSW received an A grade from Grattan for political transparency and accountability. Both

Amid the hubbub, an FOI reform bill introduced from the crossbench goes to committee

Its been quite a week so you're excused if you missed the introduction into the Senate of the Freedom of Information Legislation (Improving Access and Transparency) Bill 2018 by Senator Rex Patrick  (Centre Alliance). The senator is among the few who take a serious interest in transparency and accountability, evident in his time as a staffer to former senator Nick Xenophon, and in his own stead since he replaced Xenophon in November last year. Introduction of the bill took one minute of the senate's time but it won't automatically sink without trace. It has been referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 30 November 2018. Thus the opportunity to draw attention and advocate for action from those in government who since the election in 2013 have settled for words if pressed on the subject. While well short of the changes that would be expected if Australia embarked on developing information access laws fit for the 21st

Australian Information Commissioner appointed

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After acting in the positions since March, Angelene (apology for earlier typo) Falk was appointed Australian Information Commissioner and Privacy Commissioner from 16 August for a three year term.  Congratulations and best wishes. The appointment sees the government continue to hold fast to the decision that one commissioner not three as legislated is sufficient to manage the privacy, freedom of information and government information functions of the OAIC. This despite the rise and rise of privacy issues and concerns, the new regulatory framework under development for data management, the ongoing freedom of information battleground and road blocks, and the disappearance from public view at least of the OAIC contribution to information policy-the most recent publication on the website is four years old and the rest much older. Government also maintains silence- now for 12 months- on a commitment to ensure information access laws and practices are fit for the 21st century. In an in-t

Plan to appoint Information Commissioner by end of June comes unstuck.

On 24 May, Secretary of the Attorney General's Department Chris Moraitis told Senate Estimates   (Page 51) the appointment of a replacement Australian Information Commissioner was in the process of being finalised: "We are literally checking referees. I'll probably complete that tomorrow.... Once we've finalised the report in the next week or two, we will put a report to the Attorney again....and then government considers that. I think the appointment is an acting arrangement for three months, so we have until around the last week of June to ideally have a new Office of the Australian Information Commissioner, Privacy Commissioner and FOI Commissioner. I think there's an option of renewing (the acting appointment) if that's not the case, but that's our timeline. We're working to that, if I may say so, as diligently as we can." Still no news on this in the first week of August. The OAIC has been underfund

Public service leader to resign..

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