Right to Information falls at final hurdle…

[Stillwater]

 

Just as totalitarian governments tend to be called 'The People's Democratic Republic of ..........'

or governments label things the exact opposite of what they are.  Fair Work Australia is an example of that.

Right to Information?  pffft

[Fares_Fair]

16 April 2012, I received a reply to my situation from the Office of the Information Commissioner himself, closing the case.
This closure is based upon their claim that I withdrew my appeal, I firmly attest that I did not do so in that first phone call, and this letter was based upon an invalid event.

In it he 'notes my concern about the availability of appeal rights to the Queensland Civil and Administrative Tribunal (QCAT).'

He doesn't address the reasons why their officer repeatedly did not advise me of my right to appeal, even after I specifically asked of my options.
Information that their office is fully aware of, I know this because this is what the QCAT told me when I went to lodge an appeal.

He then goes on to reiterate that the case is finalised given my decision to informally resolve the review on the basis that the documents did not fall within the terms of my application. This change in document status only occurring some time around 9 March 2012, when I was informed that the OIC sought extra information from QR to support their claim to withhold the documents.

I have a letter from Queensland Rail dated 6 June 2011, that states the information is relevant to my request.

The Commissioner stated that the matter being dealt with in this way did not require any written reasons to be given.
As a result of no written reasons being given, I cannot appeal to the QCAT.
I have since been advised that the QCAT can only address questions of law in any decision.

He states 'Other options that may be available to you are a subject upon which you may wish to seek your own legal advice.'

The letter ends with...
The OIC will not correspond further with you in relation to external review (number removed).

I replied to this stating that I would take the matter further (but not expecting a reply).

I immediately lodged a complaint with the Queensland Ombudsman.

More to come....

[Stillwater]

It seems difficult to reconcile the fact that twin, parallel arguments are put:

that documents relevant to your request are in the possession of QR, which refuses to hand them over;

a determination has been made that QR passed 'no advice' to government.

The conclusion that must flow is that documents (but these may not be 'advice' and were deemed not to be advice) did pass to government, but this fact, and their content, is something QR does not wish to reveal.

And the question remains -- what has QR to hide?

[Fares_Fair]

BWOE, The Office of the Information Commissioner is an independent statutory body, answerable only to the Queensland Parliament.
I am told that if the Minister were to order the release of the documents from the OIC, he has no authority to do so, and it wouldn't happen.

It remains a deep mystery why Queensland Rail have provided no advice to the State or Federal Governments on the North Coast line up to Gympie North.
Pedantic semantics perhaps.

Can't wait to find out what the Ministerial Audit ordered on 12 April 2012 reveals.
Apparently none of it will be 'advice to Government.'

"Yes Minister"

[Fares_Fair]

Office of the Information Commissioner (OIC)

The one small win I can take from my year-long Right to Information (that has to be a misnomer) failure and the subsequent appeal to the OIC is this;
the Assistant Commissioner told me that in future they will provide training to staff and inform people of their rights to appeal to the Queensland Civil and Administrative Tribunal.
Something that was denied to me.

[Fares_Fair]

NEWSFLASH

Queensland Ombudsman office says that the Office of the Information Commissioner (OIC) is out of their jurisdiction.
I was supposed to have received a letter to this effect dated 2 May, 2012.
I never received it because apparently it hadn't been sent. (oops)
I am told it contains other advice.

Hope to receive it tomorrow, 17 May.

[Fares_Fair]

Over year-long dead end arrives ...
Queensland Ombudsman replies:

QCAT told me they cannot act without the formal final letter, something I believe I was deceived into withdrawing.
I asked what other options I had twice by telephone and once in an email (all documented) and was NEVER told of the QCAT option to appeal.

This was my last chance for natural justice.

Dear (Name removed)

I refer to your online complaint dated 1 May 2012 regarding your complaint about the Office of the Information Commissioner (OIC). I apologise for the delay in responding to you.

The role of the Queensland Ombudsman is to investigate complaints about decisions of Queensland state government departments, public authorities and councils in accordance with the Ombudsman Act 2001 (the Act).

Section 16(2)(h) of the Act provides that the Ombudsman must not investigate administrative action taken by the Information Commissioner in the performance of the Commissioner's functions under the Right to Information Act 2009 (RTI Act), section 128, 129, 130 or 131.

It would appear you are dissatisfied with the advice provided to you from the OIC. This action would fall under S128 of the RTI Act. Accordingly, we are unable to assist you.

You might consider contacting the Information Commissioner and request an internal review. Alternatively, you could seek legal advice from a solicitor regarding your appeal rights to QCAT.

Thank you for contacting us.

[Fares_Fair]

Article: Beaten by red tape runaround
Sunshine Coast Daily
Wednesday, May 23, 2012.