The last few decisions handed down in the Administrative Decisions Tribunal (see below) show just what sort of system we have . When the Government provides a Tribunal to hear matters of concerns with FOI but gives the Tribunal no direction, jurisdication or power to deal with matters of integrity that means we have a morally and legally flawed system and really - a farce.
The FOI Act states the following:
The objects of this Act are to extend, as far as possible, the rights of the public:(a) to obtain access to information held by the Government, and
(b) to ensure that records held by the Government concerning the personal affairs of members of the public are not incomplete, incorrect, out of date or misleading.
(2) The means by which it is intended that these objects are to be achieved are:(a) by ensuring that information concerning the operations of the Government (including, in particular, information concerning the rules and practices followed by the Government in its dealings with members of the public) is made available to the public, and(b) by conferring on each member of the public a legally enforceable right to be given access to documents held by the Government, subject only to such restrictions as are reasonably necessary for the proper administration of the Government, and(c) by enabling each member of the public to apply for the amendment of such of the Government’s records concerning his or her personal affairs as are incomplete, incorrect, out of date or misleading.
It gets to the stage that I don't know what to say. What I continue to expose concerns me. We have processes and systems set up by our Government that present like we have rights, openness, accountability and protection but in reality only those who break the law and who abuse have rights and are protected as the Courts and Tribunals have no power to challenge those who do the wrong thing.
One would think that students seeking copies of their own test papers and results should be able to access them without having to request them under FOI and fight for years on end to see their legidimate results.
One would think that people with concerns regarding processess and procedures should be able to have their concerns properly and fairly addressed and the Department in question should be obligated to provide them with the documentation to support what they say that they have done and have said has occurred.
You would think that if formal serious allegations are made against an employee of bias, manipulation and tampering of state records that this person would be supervised or watched and not let loose with access to critical documents and papers pertaining to the matter year after year..
Recently in relation to one of our FOI applications we asked that Magda Pollak not be permitted to have anything to do with matters to do with my family and FOI as there are formal allegations of bias and misconduct against her that have never been addressed. We were told that only Magda Pollack has the ability to access and prepare documents in relation to matters of the Selective Schools Unit.
It is a concern that only one person in the DET has the ability to deal with these matters because that allows for corruption and is not best practice. This one person has also been presented as the only person in the DET, and that includes the Selective Schools Unit and the Gifted and Talented Unit, who has the ability to identify a gifted child. Does that not sound to you like far to much power for one human being especially one with allegations of bias, bullying, victimisation, manipulation, neglect and misconduct made against them?
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