OPEN GOVERNMENT

GIPA Act: INTENT

Put in place a framework based around the principles of:

•proactive disclosure;

•a presumption in favour of public interest disclosure; and

•oversight by an independent champion of open government – Information Commissioner.

The role of the Information Commissioner extends beyond complaints handling. It is instrumental in working with agencies to promote a representative government that is open, fair, accountable and effective.

The objects of the GIPA Act

Broadly, statutory intent of the GIPA Act is to advance a system of responsible and representative democratic Government that is:

1.Open

2.Accountable

3.Fair

4.Effective

ACCESS PATHWAYS

How important is information access to the public of NSW?

• 52% responded that it is very important

• 32% responded that it is quite important

• 84% (combined) said it was very/quite important.

Three years at a glance (2010 – 2013)

Access Applications

Authorised proactive release: Is more information being made

available?Number of reviews vs. information released – 3 year trend

Information released as a result of a review Count of reviews

Transformation of access to information rights

The report indicates that the timely and flexible approach to decision making on formal access applications that support greater release of information release as shown by:

1. Consistent and credible levels of information release

– High levels of timeliness

– Increasing number of valid applications

– The application of public interest considerations

– Greater release of information through agency reviews.

Advancing the objects of the Act:our collective contribution

• Recognising the four access pathways:

1. Access applications (s9)

2. Mandatory proactive release – ‘open government’ (s6)

3. Proactive release (s7)

4. Informal release (s8)

• Defining measures of success in each pathway

• International examples.

How do we measure success? international developments (cont’d)

MANDATORY/PROACTIVE RELEASE

UK Law Reform Commission Report, 11 July 2014:

•Focus – Data sharing between government agencies

•Approach – Recommendations

1. Review and create a principled and clear legal structure for data sharing between government agencies tofacilitate effective and efficient delivery of public services

2. Extend beyond data sharing to disclosure of information between public bodies and other organisations carrying out public functions

3. Functions of Information Commissioner, data sharing and enforcement; “soft law” solutions e.g. Codes of Practice.

International developments – UK informal release and participation

The 2nd National Action Plan published by the UK Cabinet Office in October 2013 was developed in partnership with civil society and it focuses on what the UK government do to ensure that public can:

• See and understand the workings of the government through more transparency

• Influence the operation of the government by participating in the policy process and the delivery of public services

• Hold the government to account for its policy and delivery of public services.

International developments – UK informal release and participation

(cont’d) 1. Health: improve the quality and breadth of information

about healthcare provision

2. Natural Resource Transparency: the Extractives Industry Transparency Initiative – requires governments and businesses to publish information on money-flows

3. Open Contracting: increase transparency and citizen participation in public contracts to tackle corruption and ensure money is well spent

4. Construction Sector Transparency: four new Construction Sector Transparency programs

5. Aid Transparency: release overseas development data in line with the International Aid Transparency Initiative. Citizens can see detailed information about aid spending for projects, including spending by sub-agencies and sub-contractors.

International developments – open government serving citizens

• “Mapumental” (UK)

• “Mapnificient” (Germany)

• USA Obama administration initiatives include:

1. EPA – potential purchasers access a suite of property/location environmental listing information including potential environmental hazards

2. Department of Energy – access resources about clean energy; worldwide solar and wind potential; information on climate zones and expansion to include online training and technical expert networks to promote clean energy use.

Open government – international developments

OPEN GOVERNMENT

Croatia:

•Objective – to increase citizen participation in policy development

•Approach – Code of Conduct; agency training; reporting and monitoring

•Success – a holistic approach within aregulatory framework.

Open government – 4 Pathways Partnership Approach

Better Decision Making and Improved Competencies across the sector through:

•Shared best practice

•‘Needs based’ practitioner training

•Consistent decision making methodologies.

A responsible and representative government that is open; fair accountable and effective through:

•Greater transparency and accountability

•Policy development informed by data and citizen input.

Right to Know Week 28 Sept – 5 Oct 2014

• Advertising on buses to promote RTK Week

• 1700 buses fitted with this system across 14 depots

• Message be pushed out through all depots

• More than 16,000 services carrying 640,000 passengers to destinations each working day.

More information

Website: www.ipc.nsw.gov.au

Email: ipcinfo@ipc.nsw.gov.au

Free call: 1800 IPC NSW (1800 472 679)

Office: Level 11, 1 Castlereagh Street, Sydney NSW 2000

If you are deaf or have a speech or hearing impairment, call us through the National Relay Service (NRS) on 133 677.

If you would like the assistance of an interpreter, call us through the Translating and Interpreting Service (TIS) on 131 450.