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2 September 2008 NSW Ombudsman releases FOI discussion paperEmbargoed until Wednesday 3 September 2008The NSW Ombudsman, Bruce Barbour, released a public discussion paper today as part of a comprehensive review of the New South Wales Freedom of Information Act 1989. “It is vital that freedom of information legislation operates effectively, as it ensures that government decision makers can be held to account for their actions,” Mr Barbour said. “I would encourage all those with an interest in FOI to provide us with a submission.” The discussion paper forms part of a broader review of the FOI Act. This review includes an investigation into the FOI practices and procedures of eighteen government agencies, as well as interviews with FOI staff. The Ombudsman has also sought information from Local Councils and the Administrative Decisions Tribunal. A final report and recommendations will be made to Parliament. Submissions should be sent to: For further information regarding the review, or to access an electronic copy of the discussion paper, click on the follow the links Discussion paper: Review of the Freedom of Informatin Act 1989
21 August 2008 Ombudsman reports on trial drug detection powersA report on the Ombudsman’s 12-month review of the Police Powers (Drug Detection Trial) Act 2003 was tabled in Parliament today. The Act established an 18-month trial giving police the power to set up roadside check points to stop and screen vehicles with sniffer dogs with the aim of detecting and frustrating persons involved in the trafficking of drugs by road. “Despite the best efforts of police, the trial powers were ineffective in assisting police to apprehend drug couriers on a sustained basis,” the Ombudsman, Mr Bruce Barbour said. The review found that police only located drugs in 2% of vehicles stopped and that the majority of those people found with drugs were in possession of extremely small amounts of cannabis. The Ombudsman noted that the rapid dissemination of information about the nature and location of check points via CB radio and mobile phone networks pose seemingly insurmountable challenges for police who rely on the element of surprise when conducting operations targeting drug couriers. The Ombudsman also noted that the limited ability of drug detection dogs to accurately detect the scent of drugs while screening the outside of vehicles seriously undermines the capacity of police to target heavy vehicles involved in the trafficking of drugs. “I have considerable reservations about whether these, or similar powers will ever result in the cost-effective detection of persons involved in road-based drug trafficking,” Mr Barbour said. Given the minimal success of this trial and a previous trial of similar powers, the Ombudsman recommended that Parliament consider whether there is any merit in continuing to trial the powers. The Ombudsman also recommended the Parliament consider allowing the ‘sunset’ provision to automatically repeal the legislation, which is due to occur on 22 August 2008. Click on the link below to access a copy of the report Review of the Police Powers (Drug Detection Trial) Act 2003 Ombudsman reports slow progress with interagency workIn 2002, a cross-agency Senior Officers Group was formed to improve the outcomes for people with an intellectual disability in contact with the criminal justice system. The NSW Ombudsman, Bruce Barbour, today tabled a report in Parliament that examines the progress of the Senior Officers Group towards meeting its objectives. "People with an intellectual disability are over-represented and face significant disadvantage in all areas of the criminal justice system,” said Mr Barbour. “While NSW government agencies have recognised that a comprehensive interagency approach is necessary to meet the needs of these individuals, we have concerns about the progress of this collaborative work.” The Ombudsman’s report notes that:
“In our view, the community would expect greater progress by the Senior Officers Group than what has been achieved over the past five years,” Mr Barbour said. “Continued and sustained commitment by the relevant agencies is needed to advance the agreed collaborative work, and to improve the outcomes for this vulnerable group of people.” In 2010, the Senior Officers Group will undertake a review of its progress, including evaluations of the impact of its work. The Ombudsman, through a recommendation to the Department of Ageing, Disability and Home Care, as lead agency of the Senior Officers Group, will continue to closely monitor progress. Click on the link below to access a copy of the report: Supporting people with an intellectual disability in the criminal justice system: progress report
NSW Ombudsman to review the FOI Act and report to ParliamentToday I wish to announce that my office will conduct a comprehensive review of the New South Wales Freedom of Information Act 1989. BackgroundFreedom of Information legislation is one of the cornerstones of good governance. It ensures that government decision-making is open and transparent, and that decision-makers are held accountable for their actions. The NSW FOI Act was drafted thirty years ago. The way in which government departments operate and do business has altered dramatically since then. The Act has been the subject of more than sixty amendments. This has only made it more complex and difficult to navigate. Both applicants and agencies continually voice their frustrations with the Act. For almost 14 years, each NSW Ombudsman, including myself, has called for an independent and comprehensive review of the FOI Act. There have been a number of encouraging developments in other Australian jurisdictions in the last twelve months. The Queensland government appointed an independent review panel in September. It was provided with particularly broad terms of reference. This panel recently released its discussion paper, and a final report is expected by the middle of the year. Elsewhere, both the Victorian and Western Australian governments have demonstrated a commitment to ensuring their FOI Acts remain relevant and effective. In the absence of the NSW government initiating a review of the Act, I have decided to conduct my own independent and comprehensive review. I welcome the Government’s recent advice to Parliament that it supports my review. InvestigationIn order to gain the most complete picture possible of the FOI landscape in NSW, I am proposing to conduct simultaneous investigations into the FOI practices of a number of government agencies, local councils, universities and area health services. These comprehensive investigations will involve audits of FOI files held by the various agencies and interviews with FOI practitioners. This process will allow us to assess the day-to-day operation of the Act, what is working well and what could be improved. The investigations will commence in two weeks. Discussion PaperA review of FOI legislation is clearly a matter of significant and broad public interest. As part of the investigation process, my office will be releasing a public discussion paper to provide all interested parties with an opportunity to contribute to our review. This will be a detailed document reflecting my office’s experience in dealing with a wide range of challenges and difficulties related to FOI in NSW. I hope to receive well-informed and honest comment on the Act, both from those who regularly use the Act and those who deal with it on a day-to-day basis. We will release the discussion paper in the coming months. Final report to ParliamentThe findings from our investigation will inform our final report and recommendations to Parliament.
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