Campbell Newman's unwise decisions when Queensland premier continue to haunt that state

Correspondence between former Queensland police officer and former chief magistrate Chief Justice Tim Carmody, the President of the Court Of Appeal Justice Margaret McMurdo, Justice Hugh Fraser and others clearly demonstrates that an unwise political decision on the part of then Liberal National Party Premier Campbell Newman in 2014 will not be easily rectified.

Scroll to the end for the first email in the chain, dated 17 April 2015.

Correspondence between Queensland Chief Justice Tim Carmody, the President of the Court Of Appeal and other...

BACKGROUND

ABC News 9 May 2015:

Timeline of controversies surrounding Chief Justice Tim Carmody:
Nov 2013	Angered the legal profession by issuing a directive that all disputed bail applications made by alleged bikies be dealt with in one court room. That meant he would, most likely, be presiding over the controversial cases.
June 2013	Selected as chief justice despite never having sat on the Supreme Court, and after only nine months in the chief magistrate's job. Chosen over long-serving judges.
Jan 2014	Told newly appointed magistrates not to "meddle" with the controversial bikie laws.
June 2014	Bar Association President Peter Davis quits over appointment.
June 2014	Former Supreme Court judge Richard Chesterman QC and corruption fighter Tony Fitzgerald criticise appointment. Mr Sofronoff claimed Justice Carmody was too close to former Liberal National Party government. "His impartiality as between citizen and government has been called into question".

July 2014	Sworn in as Chief Justice behind closed doors, as controversy raged about his suitability for the job.
April 15, 2015	Met child protection advocate Hetty Johnston while still deliberating on whether Daniel Morcombe's accused killer should have his conviction overturned.
April 17	Court of Appeal President Margaret McMurdo raises issues of bias because of the meeting.
April 22	Justice Carmody responds that any suggestion of bias is "unsupported by precedent and utterly preposterous". Says it is "alarming" Justice McMurdo's associate investigates Ms Johnstone's comments over Cowan.
April 23	Justice McMurdo says "I cannot sit with him again on any Court".
April 29	It is revealed Justice Carmody did not read Justice McMurdo or Justice Fraser's draft judgements on Cowan appeal, despite being circulated in February.
May 7	Justice Carmody withdraws from Cowan appeal

Queensland Council for Civil Liberties vice-president Terry O'Gorman has also weighed in, calling on the Chief Justice to resolve the dispute.

"To have a Chief Justice make so many mistakes goes back to the fundamental issue of the botched appointment," he said. 

"The Chief Justice has the problem, the Chief Justice has to solve the problem. 

"The fact is the Chief Justice said a couple of months ago that if his occupying the position of Chief Justice made the position of the Supreme Court untenable ... he would resign, the position is becoming increasing untenable. 

"There are so many problems with the ongoing occupancy by Justice Carmody of the position of Chief Justice that this stalemate has to come to an end, this crisis has to be addressed. He is the only one who can address it."

Justice Carmody enjoyed a meteoric rise under the former Liberal National Party government and was promoted from Chief Magistrate, after a nine-month stint, despite never serving on the Supreme Court.

Leaders in the judiciary, including Justice Wilson, have publicly turned on him and questioned if he was ready for the top job or had enough peer support.

Environmental vandals: the Abbott Government never learns from its mistakes

Geelong Star (Credit: ABC) 

Australian Fisheries Management Authority (AFMA) media releases tell a sad tale of lessons not learnt by the Abbott Government.

MISTAKE NO. 1 – allowing the super trawler to operate in Australian waters

Geelong Star meets AFMA requirements on arrival into Australia

Last updated 1 April 2015

Today (1 April 2015) officers from the Australian Fisheries Management Authority (AFMA) met and inspected the Geelong Star, the mid-water trawl vessel nominated by Seafish Tasmania Pty Ltd in the Small Pelagic Fishery, upon its arrival into the port of Albany, Western Australia.

Officers from AFMA’s Bycatch and Compliance units conducted a detailed inspection of the vessel. AFMA Compliance officers confirmed that the Geelong Star has met AFMA’s strict conditions for fishing vessels entering Australia and that the GPS-based vessel tracking system is fully operational.

AFMA General Manger of Fisheries Operations, Mr Peter Venslovas said that the vessel passed all AFMA’s requirements for a new fishing vessel entering Australia waters.

“AFMA Compliance officers routinely conduct inspections of all fishing vessels in Commonwealth fisheries to ensure that they comply with AFMA’s strict management arrangements. Today’s inspection of the Geelong Star is just the first in what will become a regular event for this vessel when operating in the Small Pelagic Fishery” said Mr Venslovas.

Assessment by AFMA Bycatch officers confirmed the vessel’s ability to comply with AFMA’s requirements to minimise and monitor impacts on non-target species and the broader marine environment. Their inspection included a detailed assessment of the vessel’s Marine Mammal Excluder Device and the seabird bycatch mitigation devices required by AFMA.

An AFMA-approved Vessel Management Plan is required for all mid-water trawl vessels operating in the Small Pelagic Fishery and today’s inspection was a key step in AFMA’s process to finalise the necessary plan for the Geelong Star.

Vessel Management Plan conditions are in addition to, or re-inforce, AFMA’s standard operating and reporting obligations for all mid-water trawl vessels in the Small Pelagic Fishery. These detailed plans set out the individual vessel requirements to ensure fishing impacts on non-target marine wildlife and other fisheries (recreational and commercial) are minimised.

The Vessel Management Plan for the Geelong Star will be published on the AFMA website once it has been finalised. The Vessel Management Plan is subject to change by AFMA at any time in response to new information about the fishing operations or the marine environment.

MISTAKE NO. 2 – imagining that bycatch would not become a vexing issue

AFMA inspect the Geelong Star

Last updated 2 April 2015

On 1 April 2015, AFMA Compliance and Bycatch Officers inspected the Geelong Star, the mid-water trawl vessel recently nominated by Seafish Tasmania Pty Ltd in the Small Pelagic Fishery.

AFMA Compliance Officers confirmed the vessel met AFMA’s conditions for entry of fishing vessels to Australia and that AFMA’s tamper-proof, GPS-based vessel tracking system was correctly installed and fully operational.  The officers also collected detailed vessel information to assist them during future inspections to ensure compliance with AFMA’s catch limits and other management arrangements.

AFMA Bycatch Officers inspected the bycatch mitigation devices required by AFMA including the marine mammal excluder and seabird scaring devices installed on the Geelong Star’s mid-water trawl gear.  The officers also undertook an assessment of the vessel’s ability to comply with AFMA’s full suite of requirements to monitor and minimise impacts on non-target species and the broader marine environment and gave an educational presentation to the vessel’s skippers and crew advising them of the requirements.

Following AFMA’s initial inspection of the vessel, it will now work with the company, vessel crew and bycatch experts to finalise the Vessel Management Plan (VMP).  This plan will set out the detailed operational requirements that minimise the impact of fishing operations on non-target marine wildlife and other fisheries (recreational and commercial).  The conditions set out in the VMP are in addition to, or otherwise reinforce, AFMA’s standard operating and reporting conditions for all mid-water trawl vessels in the Small Pelagic Fishery.

All mid-water trawl vessels in the Small Pelagic Fishery must have an AFMA-approved VMP before commencing fishing operations.  Once finalised, AFMA will publish the VMP on our website.  Please note that the VMP is subject to change by AFMA at any time (even within a fishing trip) in response to new information about the fishing operations and/or the marine environment.

For more information read the FAQs for the Small Pelagic Fishery on the Small Pelagic Fishery page.

MISTAKE NO. 3 – Expecting a management plan to be effective re large marine animal bycatch for a factory ship expecting to catch up to 230 tonne a day in its small-fish nets with a 16,500 tonne quota limit

Geelong Star Vessel Management Plan

Last updated 22 April 2015

All mid-water trawl vessels in the Commonwealth Small Pelagic Fishery must have a vessel management plan approved by AFMA before they start fishing.  This is a legal requirement.

A vessel management plan is a comprehensive boat-specific plan to minimise the risk of interactions with protected species (e.g. seabirds, seals and dolphins). Vessel management plans contain both recommendations and mandatory measures that must be employed by the boat to ensure that all reasonable steps are taken to minimise its impact on protected species.

Vessel management plans can be updated to ensure they take into account on-the-water experience and the latest developments in techniques to reduce interactions with protected species.

The Geelong Star Vessel Management Plan was updated on 22 April 2015. View the updated Geelong Star Vessel Management Plan.

MISTAKE NO. 5 – not posting an Australian Fisheries Management Authority media release on its website alerting the Australian public to the fact that during its first fishing voyage the Seafish Tasmania and Parlevliet & Van der Plas Beheer B.V. killed four protected dolphins and two protected seals in Geelong Star’s nets

ABC NEWS 28 April 2015: Tasmanian Government refuses to publicly denounce operation of factory trawler Geelong Star

                                                                                                                                         

MISTAKE NO. 6 – not admitting that allowing this super trawler to continue to operate is a political and environmental error

Geelong Star – operational update

Last updated 2 May 2015

Statement 2 May 2015

AFMA has been advised of four further dolphin mortalities from fishing by the Geelong Star, the vessel nominated by Seafish Tasmania Ltd to fish in the Small Pelagic Fishery. The mortalities occurred in one shot during the vessel’s second trip. AFMA has also been advised of two fur seal mortalities during the vessel’s second trip.

Consistent with the requirements of all vessels fishing in Commonwealth waters, the Geelong Star must report any interaction with protected species, including marine mammals like dolphins, fur seals or Australian sea lions.

AFMA takes any marine mammal mortalities seriously. We are disappointed that these additional dolphin and seal mortalities have occurred.

AFMA understands the Geelong Star is voluntarily returning to port because of the dolphin mortalities for a full review of its marine mammal exclusion equipment. AFMA will participate in the review to determine how to minimise further marine mammal interactions. The vessel will also be inspected by AFMA officers when it arrives in port to ensure all catch documentation is in order.

MISTAKE NO. 7 – a weak response from the Federal Minister for the Environment and Liberal Member for Flinders, Greg Hunt, who did not post a ministerial media release on the subject and only made a statement on 3 May 2015 to journalists saying that he would write a letter or two

ABC News 3 May 2014 Greg Hunt condemns factory trawler Geelong Star's dolphin deaths as 'unacceptable and outrageous'

Community Housing Limited just won't take no for an answer so it's off to court again for Clarence Valley Council

Community Housing Limited is an international public benevolent institution which in 2014 had a surplus of over $11.1 million, total rental income of over $36.6 million and paid no income tax.

In Australia its combined grant and incentive income in that same year was over $17.7 million.

It has 5,600 properties under management in this country according to Managing Director Steve Bevington [Macleay Argus, 12 April 2015, Leonard's light bulb woes]

In the Coffs Harbour area the company appears to have taken possession of 180 Coffs Harbour public housing properties (a mix of one & two bedroom units) in 2011, with the state government contributing a one-off payment of around $1.5 million and the company making a contribution of around $1 million to required property upgrades.

In the Clarence Valley it has fourteen housing properties (a mix of units, townhouses and houses) in Grafton funded by federal, state and local government in the form of land contribution, discounted land sale, capital grants and National Rental Affordability Scheme (NRAS) as well as a loan taken out by the housing company.

In December 2014 this comfortably cashed-up company lost a NSW Land & Environment Court bid for rates exemption on its 1,368 properties in this state.

Now it is back for a second round. This time in the NSW Supreme Court, where on 20 May 2015 it will have a directions hearing (notice of appeal) in Community Housing Limited v Clarence Valley Council 2015/00014853.

A tale of old trees which matter to a small community

Some of the people who opposed the removal of landmark camphor laurel trees from McLachlan Park.

Photo from the Independent

The Daily Examiner 1 May 2015:

Majority view

Mayor Williamson and the councillors who failed to support the motion to save the trees should never be voted into office again.

They have blatantly ignored the wishes of a significant number - possibly a majority - of residents simply so the mayor can push through his plan for McLachlan Park, a plan which, according to him, will be "magnificent".

The mayor wouldn't know magnificence if he tripped over it as clearly neither he does not consider giant 100-year-old trees to fall under the definition of "magnificent".

According to figures available from the Australian Bureau of Statistics from the last national census "... the population of Maclean in 2011 was 2612, living in 1202 dwellings with an average household size of 2.25."

Let's allow for growth over the past four years, be generous and round that up to a population of 3000 for 2015.

To quote from your article (by Tim Howard) in Tuesday's edition of the Daily Examiner: "Councillor Williamson is not convinced the group of protestors [1500 signatures on a petition to save the trees] reflects the view of the whole of Maclean....."

So, Mr. Mayor, let's do the mathematics:

Population = 3000

Of that total it would be safe to assume, based on the figure of 2.25 per household, that at least a third would be of voting age, i.e. 1000 ratepayers.

Number of signatures on the petition to not destroy the camphor laurels = 1500.

One doesn't need to be a rocket scientist to see that the response to the petition certainly DOES reflect the view of the whole of Maclean.

In addition to the above, if our esteemed mayor wishes to spend ratepayers' money on the removal of noxious weeds why not follow up on information I supplied to the Invasive Species Officer in Grafton last June regarding a prickly pear infestation in Orion Drive, Yamba?

This information was passed on to the council (who handle the actual eradication) and, over a month later, they sent someone who poisoned one, ONE, of the more than dozen plants I reported. All the others are still there and thriving.

The sooner a new council is elected the better.

Bruce Kennewell

Yamba

University of Western Australia comes to its senses and boots Bjorn out the door

Bjorn Lomborg

Google Images

ABC News 8 May 2015:

The University of Western Australia has cancelled the contract for a policy centre that was to be headed up by controversial academic Bjorn Lomborg …..

In a statement, UWA Vice Chancellor Paul Johnson said the creation of the centre had attracted "mixed reactions" from staff, students and the general public.

"The scale of the strong and passionate emotional reaction was one that the university did not predict," he said…..

Mr Johnson said he had on Friday spoken to the Federal Government and Dr Lomborg, advising them of the university's decision to cancel the contract and return the money to the Government.

He last month said the Federal Government had approached the university to set up the centre.

The Federal Government funding had attracted strong criticism from the Opposition, who described it as politically motivated, something Mr Pyne strenuously denied.

UWA Academic Staff Association vice president Professor Stuart Bunt said the move was not censorship.

"This isn't about censorship at all ... Lomborg is not a climate [change] denier; he believes the scientific evidence which overwhelmingly shows that climate change is happening, he just debates the economics of how we should deal with it," Mr Bunt said.

"The difficulty is he is neither a scientist or an economist, he's a political scientist.

"Once you become attached to a university, you're given a kind of credence by that university; people would expect an adjunct professor at UWA to be working in a professional manner and that their statements would be evidence-based.

"Lomborg would be using the name of the university, to put what are largely political opinions, rather than evidence-based statements, using the university's name."

Greens Senator Rachel Siewert said UWA made the right decision.

"It was very clearly the Government's design to get someone in place that was running a different argument on climate change, to try and suggest that climate change isn't as significant an issue as it is," Senator Siewert said.

"It was bad science, and I'm pleased that UWA has realised that.

"[The Federal Government] clearly had a political agenda, and it was a mistake for the University of Western Australia to go along with it."…..

How much can a koala bear before he needs a doctor?

This koala appears to have entered accident & emergency department of a public hospital in the Western District Health Service in Victoria:

https://youtu.be/itq1kAuYFgs

Most intriguing opening line in a blog post this week

As I explained in the Inforrm article that prompted Sir Alan Moses to invite me for a brief visit to his office before his terse invitation to depart it, the touchstone both of whether IPSO has any independence from the press industry and whether it will therefore be an effective regulator is on the issue of prominence. [Inforrm’s Blog, 1 May 2015]

The fate of one whistleblower whose evidence was presented to the Royal Commission into Institutional Child Sexual Abuse

Extract from Australian Newspaper History Group May 2015 newsletter:

82.1.1. Jewish newspaper and a whistleblower

The Australian Jewish News (AJN) has made a senior journalist redundant after he passed on information that helped a royal commission and led to the resignation of Australia’s most senior Rabbi (Australian, Media section, 2 March 2015). Adam Kamien, who had worked for AJN since 2006, became the only person in the newsroom to be made redundant following an internal investigation into how text messages ended up being used by the Royal Commission into Institutional Responses to Child Sexual Abuse. The text message, sent from the Rabbi Meir Kluwgant to the editor of the AJN, Zeddy Lawrence, and read out at the royal commission, described the father of an abuse victim as a “lunatic” who neglected his children. “Zephaniah is killing us. Zephaniah is attacking Chabad. He is a lunatic on the fringe, guilty of neglect of his own children. Where was he when all this was happening?” Under intense cross examination, Rabbi Kluwgant said he sent the message to Lawrence during the commission evidence of Zephaniah Waks, father of victim and whistleblower Manny Waks. Soon after admitting to the text, Rabbi Kluwgant resigned as president of the Organisation of Rabbis of Australasia.

Yeshiva College sex abuse victim Manny Waks told the Australian Kamien was a whistleblower who courageously ensured that justice was done. “In my view it’s clear that the journalist was effectively dismissed for disclosing to me a vital bit of evidence for submission to the royal commission,” he said. “Had the text message not been disclosed, Rabbi Kluwgant would probably still have his senior leadership positions and victims and their families would still be accused of exaggerating the intimidation. The journalist’s disclosure ensured the truth was told. It vindicated us fully.”

The AJN launched an internal investigation into how the text message found its way to the royal commission and Kamien was suspended on full pay pending the outcome of an investigation. A few days later the AJN confirmed it had concluded its investigation and would “take no further action in relation to the matter”. But on Friday, 27 February, group general manager Rod Kenning sent an email to staff saying that Kamien’s position as senior journalist had become redundant as part of a restructure of the editorial team.

A must read for every Clarence Valley resident and ratepayer

Clarence Valley Council has placed a Draft Unreasonable Complainant Conduct Policy on public exhibition on its website here.

Every resident and ratepayers should read this 16-page draft and accompanying documents because under its provisions the general manager and senior staff will get to decide that you should be considered an unreasonable complainant and denied a service or services if, amongst other things, they consider you to be putting a complaint to them that is based on incomprehensible, false or inflammatory, trivial or delirious argument or based on a conspiracy theory or one that even dares to suggest that you may be a victim of past procedural unfairness on council's part (pages 2 & 3 of the draft).

You may also be placing an unreasonable demand on local government if you commit the following sin: Insisting on talking to a senior manager, a Director or the General Manager personally  if said person considers such a conversation is not appropriate or warranted (page 2).

Oh, and by the way, the General Manager Scott Greensill and his staff don’t want you to seduce them either (page 2).

Excerpt from Ombudsman New South Wales publication Managing unreasonable complainant conduct practice manual (2nd edition), 7 May 2012:

If you read nothing else, read this page

The approach and the strategies suggested in this manual are based on the clear understanding that:

• They are equally relevant and applicable to all staff within an organisation including frontline staff, supervisors and senior managers.

• All complainants are treated with fairness and respect.

• In the absence of very good reasons to the contrary, all complainants have a right to access public services.

• All complaints are considered on their merits.

• Unreasonable complainant conduct does not preclude there being a valid issue.

• The substance of a complaint dictates the level of resources dedicated to it, not a complainant’s demands or behaviour.

• Anger is an understandable and, to some degree, an acceptable emotion among frustrated complainants as long as it is not expressed through aggression or violence.

• Staff safety and well-being are paramount when dealing with unreasonable complainant conduct.

• The decision to change or restrict a complainant’s access to services as a result of their behaviour, will only be made at a senior management level and in accordance with clearly defined policies and procedures. See Unreasonable Complainant Conduct Model Policy available at: www.ombo.nsw.gov.au.

• Senior managers will ensure relevant systems, policies and procedures are in place to manage complaints and UCC and that all staff who interact with complainants will receive training, guidance and direction about using the strategies suggested in this manual.

* Cartoon found at /www.sensiforous.com

U.K. General Election 7 May 2015 - live links for Australian political tragics

BBC News Election 2015 - results will appear on the website from 10pm on Thursday 7 May, London time (7am on Friday 8 May 2015 Sydney time)

BBC The World Service - radio election special.

U.K. Electoral Commission - electoral data can be found here.
Twitter on the night - @ElectoralCommUK.

Sky News Election 2015 Decision Time - news stories & live blog.

Huffington Post U.K. - expected general election seat declaration times here.

The Guardian U.K. - live bloggers here.

Election Forecast U.K. - updating forecasts on the website and on @Election4castUK as the results come in during the early hours of Friday morning London time.

Antony Green - in London and tweeting on @AntonyGreenABC on the night.

ABC News 24 Australia - updates on the night here from 7am AEST on Friday 8 May 2015.

CNN International - U.K. Election 2015 cover on the night d'écume.

Australian Privacy Commissioner grants journalist access to his own metadata withheld by Telstra in 2013

The Australian Privacy Commissioner has determined that metadata produced by journalist Ben Grubb’s mobile phone activity is personal information and ordered Telstra to allow him access to this type of data.

Unfortunately, changes* to the Commonwealth Privacy Act 1988 may mean that this determination might not support futures challenges in cases where a telecommunications company refuses access to an individual’s own metadata.

Ben Grubb and Telstra Corporation Limited [2015] AICmr 35 (1 May 2015): Determination and reasons for determination of Privacy Commissioner, Timothy Pilgrim

Background

3. On 15 June 2013 the complainant claimed a right of access under the Privacy Act to ‘all the metadata information Telstra has stored’ about him in relation to his mobile phone service, including (but not limited to) cell tower logs, inbound call and text details, duration of data sessions and telephone calls and the URLs of websites visited……..

Summary

1. Telstra Corporation Limited (Telstra) interfered with the complainant’s privacy by failing to provide the complainant with access to his personal information held by Telstra in breach of National Privacy Principle (NPP) 6.1 of the Privacy Act 1988 (Cth) (the Privacy Act).

2. To redress this matter, Telstra shall:

* within 30 business days after the making of this declaration, provide the complainant with access to his personal information held by Telstra in accordance with his request dated 15 June 2013, save that Telstra is not obliged to provide access to inbound call numbers;

* provide the complainant with access to the above information free of charge…….

13. I note from the outset that because this matter relates to events that occurred prior to reforms to the Privacy Act which commenced on 12 March 2014, the complaint has been dealt with under the legislative regime as it applied when the events occurred. The National Privacy Principles (NPPs) not the Australian Privacy Principles² therefore apply in this instance to the question of whether or not Telstra has breached the Act. The NPPs outline the standards for handling personal information that legally bind organisations.

Full transcript of this determination can be found here.

* The Privacy Act 1988 defined personal information as:

personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

* Under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which amended the Privacy Act 1988, personal information is now defined thus:

personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

                     (a)  whether the information or opinion is true or not; and

                     (b)  whether the information or opinion is recorded in a material form or not.

BACKGROUND

The Sydney Morning Herald 4 May 2015:

Monday marks 688 days since I first asked Telstra for the metadata generated by my mobile phone - the same information it routinely gives law-enforcement and intelligence agencies without a warrant when investigating crime.

Monday also marks the start of Privacy Awareness Week 2015, which usually goes by each year without too much fuss and, to be quite frank, is a little boring. But this year's Privacy Awareness Week is different.

You see, Monday also marks the day the Office of the Australian Information Commissioner hasmade public a landmark decision in relation to my battle with Telstra for access to my metadata.

You might remember how I detailed my tussle with the telco last year, in which I explained how spies, councils, the RSPCA and others could gain access to my phone's metadata but I couldn't, as Telstra was refusing me access.

I wanted access to the data in light of the data retention laws, which recently passed parliament, so that I could show Australians exactly what metadata was, considering not even George Brandis could explain it. I wanted to put my metadata on a map like German politician Malte Spitz did after he successfully sued his telco in 2011 to show just how invasive having all of your metadata stored was in the wake of mandatory data retention in his country……

In Abbott's Australia things are improving - citizens are getting told "No" faster

Since the Abbott Government came to power in September 2013 information from government departments has been somewhat more difficult to obtain.

Websites have been redesigned in such a way that data is often buried layers deep with no obvious links on the home page, telephone queries are often answered more guardedly than before and now it seems that Freedom of Information (FOI) requests are being answered within an acceptable time frame but with those answers more likely to be a Yes, but or an outright No to releasing information if the Office of the Australian Information Commissioner (OAIC) December 2014 report on the Department of Human Services is any indication.

The Information Commissioner noted in relation to the Dept. of Human Services that between 2011–12 and 2013–14 there was: a) an increase in the department’s use of the FOI Act practical refusal mechanism, from 33 occasions in 2011–12 to 777 in 2013–14;  b) a decline in the number of FOI requests to which access to documents was given in full, from 58% of requests in 2011–12 to 26% in 2013–14; and c) an increase in the number of applications for Information Commissioner (IC) review of the department’s access refusal decisions, from 49 IC review applications in 2011–12 to 95 in 2013–14.

So how do other federal government departments which handle ‘sensitive’ information rate when it comes to the ease with which publicly available information can be obtained regarding their response to FOI requests?

Well there does appear to have been some improvements in time between FOI request received and reply sent by other government departments in the same period covered by the OAIC report.

However……………..

The Dept. of Immigration and Border Protection very cutely informs readers of its 2013-14 Annual Report of the high number of FOI requests it finalised in that financial year – but not the total number of these requests which resulted in a partial or complete refusal of requested data/information. The department’s disclosure logs give no indication as to whether documents supplied under FOI requests were redacted in the 2013 section, but do indicate which document releases were full/partial in the 2014 section of that financial year.

Given this department finalised 14,923 FOI requests in 2013-14, the relatively small number listed in the disclosure logs leads one to suspect that a great many requests were refused.

Of the 146 FOI requests which appear to have been finalised by the Dept. of Prime Minister and Cabinet (DPMC) in the 2013-14 financial year only 8 are listed as having been released as full or partially redacted documents and 3 are elsewhere listed as being rejected outright. The status of the remaining 135 FOI requests is uncertain.

In August 2014 this is what one released DPMC document looked like:

The content of which could not be more obscure.

The Australian Attorney-General’s Department website lists approximately 40 documents released under Freedom of Information in 2013-14 but there are no details published online and one must contact the department directly for information on these documents. The department’s annual report for that year does not list the number of FOI requests received or finalised.

According to its annual report the Australian Taxation Office (ATO) received 768 FOI requests in 2013-14 but only lists 9 finalised FOI requests for that period in its online disclosure log. The status of the remaining 759 is unknown. A number of the documents that were released are heavily redacted. 

Treasury displays 13 FOI requests on the departmental website for 2013-14. A number of documents are redacted and there is one refusal recorded. However, neither Treasury's website or annual report for that financial year state the number of FOI requests received or finalised in that year.

All in all, a suspicion forms that freedom of information is more honoured in concept than in fact by a government led by Tony Abbott, who before he became prime minister stated an alleged belief that; we should have a government which is transparent and open.

Senator Christine Milne: "Farewell, so long"

Photo from @ninemsm

Text of an email sent out by Australian Greens Senator Christine Milne on 6 May 2015:

Dear [redacted],

I've just stepped out of a meeting with my Party Room colleagues to send you this note. They are 10 of the best politicians I have ever known. And so, it is with a mix of optimism, pride and sadness that I am letting you know that, at that meeting, I resigned my position as Leader of the Australian Greens.

After 3 years as leader, 10 years as a senator, and 25 years in politics, the time has come.

To my family, staff, colleagues, friends, party members, supporters and voters – thank you. I have cherished your input, your passion, and your support.

From my humble beginnings in the rolling dairy hills of Wesley Vale where an alliance of farmers, fishers, scientists, environmentalists and community members stood together to prevent the construction of a polluting pulp mill, to being elected to the Tasmanian Parliament and going on to be the first woman to lead a political party in Tasmania.

There were battles against, and sometimes with, the Tasmanian Liberal Government, the subsequent Labor-Green Accord which doubled the Tassie Wilderness World Heritage Area and then the balance of power allowed us to deliver significant social change with gay law reform, gun law reform and an apology to the Indigenous Stolen Generation.

To the federal parliament, where we delivered a world-leading legislative package to price pollution – with an emissions trading scheme that worked and made the big polluters pay for their pollution, the biodiversity fund and $10 billion for the Clean Energy Finance Corporation. I was proud of our achievements then and I remain proud of them now. The repeal of the carbon price was the last stand of the vanquished. The community is now leaving the old parties behind in the fossil-fool age and getting on with realising the clean energy jobs of the future.

I leave today knowing that I achieved what I set out to do when I stood as Leader – I have nurtured our growing Party Room into a team of equals, each using their dedication and expertise to deliver outcomes for the community.  I have overseen the Greens' electoral success, from retaining all our MPs and gaining one in the 2013 election, to successful state election campaigns in Victoria, Queensland and NSW which have seen our state parliamentary representation increase to record levels.

The Greens have proven that working together with a clear vision for our country's future and to speak with voters directly brings electoral and societal change. I have led the Australian Greens through a period of reform and modernisation which stands it in good stead for our future electoral success.

For me, life after parliament is not, however, life after politics. The fight for action on global warming will continue and I will take my passion and all that I've learnt, to that fight standing shoulder to shoulder with the community for climate justice. I'm looking forward to continuing my international advocacy and to holding Australia to account on the international stage.

The Greens are a party of vision. We are the party who can deliver the caring society and clean environment Australians deserve.  We are the only viable alternative to the old parties – and we have the strength and the will to make a difference.

Best wishes and thanks to you all,

Christine

PS Please consider joining the Australian Greens to be part of our bright, green, future. Click here: http://greens.org.au/join

Metgasco still a long way from recovering ground lost

Now that the post-Supreme Court judgment market speculators have moved on, coal seam & tight gas explorer and wannabee production company, Metgasco Limited, is watching its ordinary share price start to fall once more.

 Graphs from the Australian Stock Exchange, 5 May 2015

Typically this company's 'lack of charm offensive' continues in this letter to the Editor of The Northern Star on 2 May 2015, in which it is incorrectly asserted that an exploration licence is similar to a land title and that the type of gas expected from the Rosella well is purely 'conventional' gas*:

Confusion reigns

ATTENTION Mr Laurance Axtens:

There seems to be some confusion about NSW resource management.

NSW's mineral and resources are owned by the state, not individuals or selective local communities.

It is the responsibility of the State Government to manage these resources in the interest of all people in NSW. People living in Byron Bay and Balmain, who by the way have no gas potential in their areas and will not be affected in any way by gas development around Casino, have no more rights to impose their views on resource development than any other NSW citizen or community.

NSW Governments of both political persuasions have awarded and renewed exploration licences to Metgasco over a period that exceeds 10 years. These exploration licences are like a title, similar to a farmer's title to his land, and entail both exploration rights and obligations. The licences (titles) need to be respected.

Please be aware that the democratically elected NSW Government has acknowledged the need for gas and is developing a new NSW gas plan accordingly. Please also be aware that the gas industry enjoys strong support from both the LNP and Labor party at federal level. The NSW Labor position is at complete odds with its federal counterpart and seems to be little more than a cynical, short term expedient.

Please also note that Metgasco is exploring for natural gas in conventional, tight rock and coal seams. I presume from your open letter that you support "conventional gas" and hence our plans to drill the Rosella well.

By the way, given that so much of the world and Australia's gas already comes from coal seams, shales and tight gas, the word "unconventional" is becoming less and less relevant. For example, one third of the gas we currently use in Eastern Australia is coming from coal seam gas wells.

PETER J HENDERSON

Managing director

Metgasco

* Metgasco holds PEL 16, which is located in the Northern Rivers of New South Wales. On 6 February 2014, the OCSG approved Metgasco drilling an exploration well targeting conventional and tight sands gas at Bentley, located between Casino and Lismore [NSW Office of Coal Seam Gas, 26 June 2014]

The Rosella well is testing for gas in conventional and tight gas rocks....if we find gas it will be like the gas in the Kingfisher well, almost entirely methane. [www.metgasco.com.au, 6 May 2015]

Unconventional gas is trapped in formations that are atypical in terms of their geological location and characteristics. Recovering these resources requires the use of techniques designed to "untrap" the gas.

The term "unconventional gas" actually covers three main types of natural gas resources: shale gas, tight gas and coalbed methane (also known as coal seam gas). Conventional and unconventional gases differ not by their chemical compositions (they are all natural gas) but rather by the geological characteristics of their reservoir rock.

Hydrocarbons (mainly natural gas, but some oil as well) are trapped in subsurface formations called "reservoir rock." Despite the word’s connotation, however, these are not huge, continuous "pools" but rather minuscule pores between the grains that make up the rock matrix.

The quality of a reservoir rock is determined by its porosity and its permeability.

Porosity is the void space between the grains, and thus represents the rock’s capacity to contain fluids (liquid or gaseous hydrocarbons). A highly porous reservoir rock therefore can contain a large volume of oil or gas. But porosity alone will not suffice: the fluids must be able to flow, meaning that the pores must be interconnected. This characteristic, called permeability, is the measurement of the rock’s ability to permit the flow the oil or gas.

Tight gas is trapped in ultra-compact reservoirs characterized by very low porosity and permeability. The rock pores that contain the gas are minuscule, and the interconnections between them are so limited that the gas can only migrate through them with great difficulty. [www.total.com, 6 May 2015]

Tight gas, like shale gas, requires large quantities of water for fracking [Parliament of Victoria, research paper]