#NotMyDebt: it has spite writ large all over it

Despite any current or future ministerial or departmental denials, ‘explanations’ or excuses, I find it hard to believe that this 22 February 2017 end of business day release of a Centrelink client’s personal, sensitive, protected information to a journalist was accidental.

Particularly as this act was clearly repeated.

It has spite writ large all over it.

The Guardian, 2 March 2017:

The office of human services minister, Alan Tudge, mistakenly sent a journalist internal departmental briefings about a welfare recipient’s personal circumstances, which included additional detail on her relationship and tax history.

Senior departmental figures were grilled at Senate estimates on Thursday about the release of welfare recipient Andie Fox’s personal information last month.

Fox had written an opinion piece critical of Centrelink and its handling of her debt, which ran in Fairfax Media in February. The government released her personal details to Fairfax journalist Paul Malone, who subsequently published a piece attacking Fox and questioning the veracity of her claims.

Two responses were given to the journalist, one from the department of human services and the other from Tudge.

The department said its response – three dot points containing only minimal detail on Fox’s personal history – was cleared by lawyers and was lawful. The minister’s office then added two quotes from Tudge and sent its own response to Malone.

Guardian Australia can now reveal that the minister’s office also accidentally sent the journalist two internal briefing documents, marked “for official use only”, which had been prepared by the department.

Those documents contained additional information on Fox and her personal circumstances, which went beyond the dot points prepared by the department. They included further detail of her relationship history, including when she separated from her partner.

Those documents were then sent to Malone. The documents were also mistakenly sent to Guardian Australia when it raised questions about the disclosure of Fox’s personal information.

No mention of those documents was made in Senate estimates on Thursday, despite repeated questioning of what the minister had disclosed to Malone. Tudge’s office has now conceded the documents were sent to Malone in error. But the office says it was of no consequence, because all of their contents had been legally cleared by the department.

A welfare recipient’s personal details are considered protected information under social security law, and any unlawful disclosure is considered a criminal offence. Earlier, the department told estimates that social security law only allowed it to disclose the minimal amount of information needed to correct the public record. [my highlighting]

On 2 March 2017 Labor MP for Barton and Shadow Minister for Human Services, Linda Burney, wrote to the Australian Federal Police Commissioner requesting an investigation into the personal/sensitive information release by the minister and/or his staff:

Letter to Australian Federal Police Commissioner from Shadow Minister for Human Services Linda Burney MP by clarencegirl on Scribd

https://www.scribd.com/document/340678789/Letter-to-Australian-Federal-Police-Commissioner-from-Shadow-Minister-for-Human-Services-Linda-Burney-MP

BACKGROUND

DHS & Centrelink now threatening clients who expose unfair or inappropriate implementation of social security policy?

Senate Standing Committees on Community Affairs’ Inquiry into Design, scope, cost-benefit analysis, contracts awarded and implementation associated with the Better Management of the Social Welfare System initiative

http://northcoastvoices.blogspot.com.au/search?q=centrelink

SocialSecurity (Administration) Act 1999 - Sect 202

Protection of personal information

Excerpt from Department of Human Services Privacy Policy:

Our obligations under the Privacy Act 

This policy sets out how we comply with our obligations under the Privacy Act 1988 and the Australian Privacy Principles which are set out in a Schedule to that Act. 

The Australian Privacy Principles (APPs) regulate how the department, as an APP entity, must collect, use, disclose and store personal information. The APP

What personal information and sensitive information is

The terms 'personal information' and ‘sensitive information’ come from section 6 of the Privacy Act.

References to personal information throughout the Privacy Policy include sensitive information unless otherwise indicated.

‘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.

‘Sensitive information’ means: 

a) information or an opinion about an individual’s:

i. racial or ethnic origin

ii. political opinions

iii. membership of a political association

iv. religious beliefs or affiliations v. philosophical beliefs

vi. membership of a professional or trade association

vii. membership of a trade union

viii. sexual orientation or practices

ix. criminal record. 

b) health information about an individual

c) genetic information about an individual that is not otherwise health information

d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification e) biometric templates

Sky News, 2 March 2017:

It was also confirmed Centrelink staff trawl social media for complaints about the welfare agency and may refer serious gripes to the responsible minister.

Senior bureaucrats responsible for Centrelink say their workers sift through print, broadcast and social media for individual complaints.

Deciding on whether to report grievances to the human services minister depended on the circumstances of each case.

Yamba Bay Park safe - for now

Coastal development pressure is never ending in the NSW Northern Rivers region and this was just the latest example, in the small town of Yamba perched where the mighty Clarence River meets the Pacific Ocean.

Image from Clarence Valley Independent

This was the NSW Roads & Maritime Services (RMS)request received according to Clarence Valley Council Ordinary Monthly Meeting Minutes, 21 February 2017:

In a letter to Council from RMS received 2 December 2016 a potential site situated on Yamba Road, Yamba was identified by RMS as being suitable. The land situated to the north of Yamba Road is identified as Lot 7053 DP 1114190 and the landward portion of Lot 164 in DP 751395. The RMS objective is to construct a two storey operations facility to cater for up to fifteen staff from the three agencies. According to RMS the parcel of land would give the three on-water compliance agencies easy access to the water via the adjacent launching ramp and the RMS marina facility.

One of these lots is covered by Native Title and the other is the subject of an Aboriginal Land Claim.

It is a popular little park used by both locals and visitors and is part of the Yamba Road streetscape.

Council in the Chamber wisely decided against turning it into a state government agency office building:

COUNCIL RESOLUTION – 15.010/17

Williamson/Clancy

That Council not support the transfer of Lot 7053 DP 1114190 and part Lot 164 DP 751395 for the reasons

outlined in this report.

Voting recorded as follows:

For: Simmons, Kingsley, Clancy, Ellem, Novak, Williamson, Toms

Against: Baker

Hopefully Clarence Valley towns and villages will be able to defend all their green spaces as this set of Clarence Valley councillors scramble to find money to meet the $1.2 million project shortfall resulting from a badly planned remediation of the former Grafton depot site – costing to date an est. $6,976,72. Which represents an est. $2.5 million blowout of the remediation budget.

A problem created by the foolish former council initially agreeing to proceed based on a concept level plan only and despite the lack of sufficient information concerning potential costs associated with the Grafton Depot Rationalisation Project.

Not forgetting the need to make up additional $4.13 million cash flow shortfalls these councillors inherited and, in small part have helped exacerbate since their election.

70 year-old Australian children's picture books author treated like dirt by Trump Regime

Mem Fox is a retired Associate Professor of Literacy Studies (Flinders University, South Australia) and a well-known picture book author.

On 25 February 2017 ABC News reported on her experience of the Trump Regime:

Australian author Mem Fox has received a written apology from the United States after what she said was a traumatic detention by immigration officials at Los Angeles Airport.

Fox, who was questioned by Customs and Border Protection officers for two hours earlier this month as she was on her way to Milwaukee to address a conference, said she collapsed and sobbed at her hotel after she was released.

She said the border agents appeared to have been given "turbocharged power" by an executive order signed by President Donald Trump to "humiliate and insult" a room full of people they detained to check visas.

That executive order was eventually halted by Federal Courts and it was expected a new order would be signed this week, designed to avoid the confusion caused by the original.

"I have never in my life been spoken to with such insolence, treated with such disdain, with so many insults and with so much gratuitous impoliteness," Fox said.

"The entire interview took place with me standing, with my back to a room full of people in total public hearing and view — it was disgraceful.

"I felt like I had been physically assaulted which is why, when I got to my hotel room, I completely collapsed and sobbed like a baby, and I'm 70 years old."

Fox, whose books include classics such as Possum Magic and Ten Little Fingers and Ten Little Toes, said she was questioned about her visa status, even though she had travelled to the United States 116 times previously without incident.

"My heart was pounding so hard as I was waiting to be interviewed, because I was observing what was happening to everybody else in the room," she said.

"They accused me of coming in on the wrong visa and they were totally wrong about that.

"The person who interviewed me was heavy with weaponry, was totally dressed in black with the word 'police' in hand-sized letters across his chest."

The author lodged a complaint with the Australian embassy in Washington, and later one with the United States embassy in Canberra to which she received an emailed letter of apology.

"I said any decent American would have been shocked to the core by what had happened, it was so dreadful," Fox said.

"And I had an absolutely charming letter from them within hours of my email hitting their desk."

The author said she was unlikely to visit the United States again despite the friendliness of ordinary Americans.

Clarence Valley Council: a local government history lesson......

In August 2011 it was announced that Clarence Valley Council had a new general manager, Scott Greensill.

Mr. Greensill came to the Clarence Valley trailing considerable baggage from his previous position as Singleton Council’s general manager.

It has been an open secret ever since that Clarence Valley Council staff have become disturbed by an uncomfortable ‘atmosphere’ developing in the workplace - as well as residents, ratepayers and a numbers of councillors being unhappy with a perceived decrease in local government administrative transparency and those project cost blowouts amounting to millions of dollars.

From 2011 through to the 2016 local government election the general manager had the unwavering support of then Clarence Valley mayor, Richie Williamson.

So much so that an effort was made to entrench the general manager’s position ahead of the 2016 local government election.

The Daily Examiner, 23 February 2015:

The publication of the minutes of the meeting on Friday revealed council has offered Mr Greensill a new five-year contract incorporating his existing job description and remuneration package.

But the vote to approve the new contract did not include Crs Baker and Toms, who, according to the minutes, left the chamber before it was concluded.

The remaining seven councillors voted unanimously to renew the general manager's contract to run from February 17, 2015 to February 16, 2020.

It took the intervention of a member of the public, Geoff Helisma, to encourage councillors to debate whether the matter should be public or heard in private.

Mr Helisma said he was worried renewing the general manager's contract at this point meant the next group of councillors elected in September next year would have a general manager they had no say in selecting.

He pointed out this had been a consideration when the State Government's review of local government ruled councils could not appoint a general manager less than six months out from an election.

This was a North Coast Voices post published on Monday 23 February 2015:

How to constrain an incoming council in one easy lesson

It took Council in the Chamber less than twenty-six minutes to decide to renew the general manager's $240,000 contract, approve additional financial provisions and extend his employment to 17 February 2020 - thereby binding the next duly elected Clarence Valley Council to a particular general manager for all but the last seven months of its four-year term in office.

So rushed was this process that it appears that the new employment contract was signed on the night.

Five excerpts from Clarence Valley Council Ordinary Monthly Meeting Minutes of 17 February 2015:

1. COUNCIL RESOLUTION – 07.003/15

(Crs Williamson/McKenna) 

That

Council resolve itself into Committee of the Whole and the press and public be excluded to allow consideration of one confidential report 10.001/15: In accordance with Section 10A(2)(a) of the Local Government Act 1993, it is recommended that as the matter contains personnel matters concerning a particular individual (other than Councillors) that the matter be dealt with in closed session.

Voting recorded as follows

For:

Councillors Williamson, McKenna, Hughes, Lysaught, Simmons, Howe, Kingsley

Against:

Councillors Baker, Toms

2. The microphones were turned off, live streaming ceased and the press and public were excluded from the Chamber.

Council moved into the Committee of the Whole at 9.21 pm to consider Item 10.001/15.....

The Ordinary Council meeting resumed at 9.47 pm.

3. COUNCIL RESOLUTION – 10.001/15

(Cr Williamson)

(a) That Council enter into a Deed of Variation with Mr Scott Greensill to vary the current contract of employment between Council and Mr Scott Greensill by deleting the words “or at the most 18 months” from Clause 5.3 and that the Common Seal of the Council be affixed to the Deed.

(b) That subject to the Deed referred to in Paragraph (a) above being executed by Council and Mr Scott Greensill, Council offers Mr Scott Greensill a new five year contract of employment, incorporating the existing job description, and inclusive of a total remuneration package equal to his current total remuneration package, to commence on 17 February 2015 (or as soon as the documentation is executed) and terminating on 16 February 2020 (or 5 years after commencement).

(c) That the contract of employment be in accordance with the standard contract required by the NSW Office of Local Government.

(d) That the Mayor be authorised to negotiate the employment contract terms applicable to provision of a Council motor vehicle to Mr Greensill to be consistent with Council’s standard policy arrangements for provision of motor vehicles to other staff.

(e) That Schedule A under Clause 4.5 of the contract of employment extend the application of the following Council Policies to the General Manager:

• Gifts and Benefits

• Reimbursement of Legal Costs to Staff

• Business Credit Card Use

• Motor Vehicle Management Protocol

• Sick Leave/Carer’s Leave

• Staff Travelling Expenses 

(f) That the contract of employment be executed by affixing the Common Seal of the Council.

Voting recorded as follows

For:

Councillors Williamson, Hughes, Howe, Simmons, McKenna, Lysaught, Kingsley

Against:

Nil

Noting that Crs Baker and Toms were absent from the Chamber and did not vote 

4. COUNCIL RESOLUTION – 07.004/15

(Crs Hughes/Simmons)

That

Council move out of the Committee of the Whole and the Ordinary Meeting resume.

Voting recorded as follows

For:

Councillors Williamson, Howe, Hughes, Simmons, McKenna, Lysaught, Kingsley

Against:

Nil

Noting that Crs Baker and Toms were absent from the Chamber and did not vote.

5. Cr Baker, Cr Toms, Scott Greensill, Troy Anderson, Des Schroder, Ashley Lindsay and Kristian Enevoldson returned to the Council meeting at 9.53pm...... 

There being no further business the meeting closed at 9.53 pm. 

Guidelines for the general manager performance management framework under section 23A of the Local Government Act 1993 (July 2011) state:

Performance review panels should comprise the mayor, the deputy mayor,

another councillor nominated by council and a councillor nominated by the general manager. The council’s governing body may also consider including an

independent observer on the panel. Panel members should be trained in the

performance management of general managers.

The role of the review panel includes:

* conducting performance reviews

* reporting the findings and recommendations of those reviews to council

* development of the performance agreement.

The governing body of council and the general manager may agree on the

involvement of an external facilitator to assist with the process of performance

appraisal and the development of new performance plans. This person should be selected by the governing body of council or the performance review panel. 

As had been done in previous years, a performance review was undertaken in 2016.
On 19 February the four-man Performance Review Committee for 2015-16 (Crs. Williamson, Howe, Simmons and Lysaught) undertook a review of the General Manager’s performance (facilitated by Mike Colreavy) covering the year of his employment contract from 17 February 2015 to 16 February 2016 and Council-in-the-Chamber endorsed the performance review report 7 votes to 2.

Rather oddly, at the post-2016 local government election extraordinary council meeting of 27 September 2016 when council committee memberships were allocated there was no mention of forming a new Performance Review Committee for 2016-17 .

Presumably that situation was a part-reason for this item placed on the agenda of the 21 February 2017 Clarence Valley Council ordinary monthly meeting by current mayor, Jim Simmons:

An excerpt from Clarence Valley Council Ordinary Monthly Meeting Minutes, 21 February 2017:

MOTION

Simmons/Kingsley

That the Confidential Mayoral Minute (Item 11.001/17) on the General Manager’s Performance Agreement

– Proposed Variation be brought forward and considered as the next item of business. CARRIED.

Mr Scott Greensill declared an interest and left the Chamber at 4.03 pm.

MOTION

Toms/Kingsley

That Council move into Confidential Session to consider Item 11.001/17. CARRIED.

The press and public were excluded from the meeting at 4.04 pm.

MOTION

Toms/Kingsley

That Council move back into open forum at 4.47 pm. CARRIED.

The press and public were invited to return to the Chamber.

MOTION

Williamson/Novak

That Council adopt the motion in Confidential Session as follows:

That

1. Council seek agreement with the General Manager for the General Manager’s performance review to be undertaken under the terms of the guidelines for the appointment and oversight of general managers issued by the Office of Local Government July 2011 noting that the request that, in open Council, one Councillor (other than the Mayor, Deputy Mayor, and General Manager’s nominee) will be appointed to the Performance Review Committee as requested by the General Manager and one Councillor will be nominated by the General Manager.

2. If agreement is not reached then the matter be reported to Council.

Voting recorded as follows:

For: Simmons, Baker, Clancy, Ellem, Williamson, Toms, Novak

Against: Kingsley

MOTION

Simmons/Toms

That subject to agreement to Point 1 by the General Manager, a Councillor be appointed to the Performance Review Committee. CARRIED

MOTION

Toms/Clancy

That Councillor Ellem be appointed to the Performance Review Committee. CARRIED.

Mr Scott Greensill returned to the meeting at 4.55 pm.

The result of this council resolution appears to be that the current Performance Review Committee is almost certain to be composed of Crs. Simmons, Kingsley, Ellem and the councillor nominated by the general manager which is likely to be either Williamson or Lysaught.

A committee profile with which Mr. Greensill may not be in wholehearted agreement.

Enquiries from local media have elicited a statement from Clarence Valley Council that the General Manager has since gone on “sick leave” until 13 March 2017.

Unconfirmed rumour on social media suggests that Greensill has in fact resigned.

In recent years it has been rumoured that he was eager to obtain employment outside of the Clarence Valley for 'personal' reasons.

This is a Clarence Valley Council meeting notice in March 2017:

There is no business paper currently available for this extraordinary meeting and for the most part it will be dealt with in confidential session, so residents and ratepayers may have to wait until the local grapevine kicks in to flesh out whatever the meeting minutes reveal.

UPDATE

The 3 March 2017 extraordinary meeting took a whole 8 minutes to move into a closed session which lasted approx. 1 hour & 21 minutes and, then a further 6 minutes to unanimously pass a motion to the effect that the closed session resolution/s concerning the General Manager's employment contract is to remain confidential and close the meeting.