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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...

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.

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...

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...

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 ...

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...

Australian Public Service Commissioner John Lloyd, who in 2015 labelled FOI 'very pernicious' and showed no appreciation of the role FOI plays in a democratic society, is on the selection advisory committee that will soon report to and recommend to the Attorney General a replacement Australian Information Commissioner. Senate Estimates (pages 51-60) hearings last week on the Office of Australian Information Commissioner covered a lot of ground (more in another post) and revealed the process is in the final stages, interviews are complete and an announcement is expected before the end of the month. In addition to the commissioner, members of the committee are the Secretary of the Attorney General's Department (Chair), Secretary of the Department of Health, and the deputy CEO of the Digital Transformation Agency.  The APSC guidelines are that the APS Commissioner or his representative must be included in a selection committee for recruitment or appointment to a Sen...

The following suggestions for commitments, if supported ,require refinement to ensure any commitment is specific, concrete and ambitious.We should learn from experience with the first plan that vague statements of intended outcomes  and plans to review and consult do not meet this OGP requirement.  1. Anti-corruption A national integrity commission and a suite of anti-corruption reforms not limited to those  included in the first national action plan yet to be delivered. The Deputy CEO of the OGP Support Unit Joe Powell urges countries preparing a plan this year to include anti corruption measures. https://voices.transparency.or g/2018s-corruption-focused-sum mits-must-turn-promises-into- action-358fa5d35505 2. Integrity Address gaps and weaknesses in lobbying and political donations regulation. Measures to include a comprehensive scheme for registration of lobbyists, periodic reporting of lobbying activity. Join Parliament in the open government initiative with a commit...

T he following observations, comments and suggestions are put forward for consideration as plans for the OGP national action plan are developed. Some raise administrative and policy issues that are unlikely to result in commitments in the plan but nevertheless are relevant to our open government ambitions. 1.Uncertainty about where things stand The lack of information about where things stand and the likely outcomes by July 2018 limits discussion of possible commitments for the next plan. A number of  commitments are tagged 'Delayed.' With these commitments and others currently described as 'On track' it is not clear where we are, where we are going and where if anywhere we should aim for next . Current reporting on Commitments 3.1 Information Access (AGD) and 4.3 Open Contracting (Finance) for example provides no indication of what is under consideration by the government. The lack of information hampers discussion about the next phase. 2. Moving toward the open govern...