Federal Court Justice Wheelahan has given the Information Commissioner a wrap across the knuckles for delaying a trial into her FOI review delays.
Just over 12 months ago the then Senator Patrick filed an application in the Federal Court asking the court to order the Information Commissioner to make a decision on 23 FOI reviews which she had unreasonably delayed. Some of them had not been concluded after two years.
The Information Commissioner was supposed to, within 14 days of his application, file any concerns as to the ‘competency’ of then Senator Patrick’s application. She did not.
After 12 months of preparing for the trial the Information Commissioner has introduced an argument that purports she can take as long as she likes conducting her review and the court can’t do anything about it. While it’s a very dangerous proposition, Justice Wheelahan has agreed to hear the argument. But this has caused the trial, which was due to take place next week, to slip another 2 months.
His Honour awarded costs against the information Commission for causing the delay. That’s of little benefit to Rex Patrick though, as his barrister, Tiphanie Acreman, and lawyer, Flavio Verlato, have taken the case on in the public interest and are acting pro bono.
Paradoxically, the Information Commission’s lawyers, Norton Rose Fulbright Australia, will now make more money for a failure that can ultimately be attributed to their advice. A longer and more complex trial means more legal fees for them. They originally advised the Court the Information Commissioner’s legal cost would be would be $160K, but they’re up to $301K already and likely to pass half a million. The taxpayer will foot that bill.
Falk Lines: Information Commissioner fights for the right to hide information indefinitely, que?
Michael West established Michael West Media in 2016 to focus on journalism of high public interest, particularly the rising power of corporations over democracy. West was formerly a journalist and editor with Fairfax newspapers, a columnist for News Corp and even, once, a stockbroker.