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Newcastle Herald
Newcastle Herald

Information is the currency of power in a democracy

Everything the NSW government and local councils do they do on your coin and for public purpose. Ministers and public officials, councillors and council officials work for you. The documents they generate as they govern are your documents.

Sadly, that's often forgotten in the hallways of power and in the upper echelons of the public service. People who've worked their way up through a political party or through the public service or council workforce don't really want to be bothered by pesky citizens.

They go about their business doing what they think is best, announcing their plans and decisions along the way. Participation and scrutiny by the public is not really that welcomed. To assist them in that endeavour they like to exercise strict control over information, releasing it at a time and in a form that best suits them.

And that brings us to the purpose of the GIPA Act - the Government Information (Public Access) Act of 2009 - which can disrupt government's control of information.

It's an act that seeks to enhance democracy by granting citizens a legally enforceable right of access to government information, except where there is an overriding public interest against disclosure - revealing police operational methods and capabilities, revealing citizens' private information (unless it's your information) or disclosing the position ministers took in their submissions to Cabinet.

Thirty dollars gets you started.

'Transparency Warrior' Rex Patrick

If you want to find out what a NSW government department is advising its minister to do in relation to a particular issue, a GIPA application to the minister or department seeking access to a "ministerial submission" can be easily initiated with a couple of simple words typed into a search engine - e.g. "GIPA" "application" "health" "minister".

For a simple request, you'll have the information you want returned to you in 20 working days. Extensions of time can occur, and you can potentially get charged more for requests that involve a lot of work (you'll be advised if that's going to occur, and you can pull out if you don't want to pay).

Information is the currency of power in a democracy. Only when you are fully informed with the latest information can you properly participate in government policy development and decision making. Only when you have access to government and council information can you engage in scrutiny and assessment of government and council.

OK, it can get a little tricky when the information you are seeking is politically sensitive. GIPA applications can be responded to with lots of purported access exemptions. Even if you don't put the transparency boxing gloves on to fight back - the fact that you're denied access to a bunch or documents or get documents that are heavily redacted can tell you that you're on the right track. An email to your local politician or councillor, or a journalist, can be your next step.

But you don't have to (and generally should not) stop there if you get a knock back. The NSW Information and Privacy Commissioner provides a free review service to independently check if the minister/department/council has correctly applied the act.

I've spent a lot of time trying to make GIPA sexy. In truth, it's a dry subject. But it's a tool that's available to every member of the public to allow them to engage in government.

It also acts as a deterrent to corrupt conduct. The thing that people who operate in dark places fear most is light. GIPA is a torch. My saying is, "a GIPA a day stops democracy decay". As James Madison said in 1822, "Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives".

So, ponder a bit after reading this, and give it a go. Practice in overcoming the dark forces of government secrecy will be well worth the $30 you spend. One day you really might need to deploy the skills you will acquire from that practice.

Rex Patrick is a former senator for South Australia and a Transparency Warrior who's made more that 600 request for information. He famously lifted the secrecy blanket off Scott Morrison's national cabinet and recently, after a year-long fight, forced Anthony Albanese to hand over his official diary.

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