Monday, September 08, 2014

Not acceptable

Phil Goff was interviewed by the Inspector-General of Intelligence and Security today, and in the process admitted on oath to unlawfully delaying an OIA request:

When I spoke to the Director of the SIS who phoned me suggesting he intended to release the documents immediately, he was coy about whether he knew of the identity of the Mr Slater who had requested the documents sought under the OIA. He then acknowledged that he did know who Cameron Slater was. The documents were to be released immediately until I challenged why the SIS was acting in the way he proposed. He at that point suggested he would delay the release for a number of days.

So, just to be clear, Goff didn't like the identity of the requester, so he demanded a delay. And Tucker gave it to him. That is unlawful. The OIA is clear: a response must be made "as soon as reasonably practicable". The information clearly could have been released immediately, so it should have been. Goff (and Tucker) has behaved unlawfully by having it delayed.

Still, Goff's frankness is illuminating: he believes, contrary to law, that not liking the identity of the requester is a reason for delaying a response. Which shows perfectly why he is unfit to hold office and should never be allowed to control an OIA process ever again.