STATE RESISTS FOI OVER FIGS & ELECTION FIGURES
TWO State Government departments have denied StreetWise FOI access to public documents related to infected trees and the use of blank ballot papers in Fremantle.
The WA Electoral Commission says it is not in the public interest to release election information and Department of Primary Industries and Regional says it does to have the resources to find out why it cleared the Moreton Bay fig tree at 195 High Street of shot-hole borer a day after its pest and disease branch said it was infected.
StreetWise yesterday applied to the WA Office of the Information Commissioner for external reviews of decisions by both department not to disclose fully public documents requested under FOI.
Notable is the lack of information disclosed by WAEC over the definition and number of blank ballot papers it used in the 2021 and disputed 2023 local government elections in Fremantle.
StreetWise reported on June 15 that the City of Fremantle used hundreds of uncoded ‘spare’ ballots to tip the balance of power in the 2021 and 2023 elections (www.streetwisemedia.com.au/election-extras-blanks-overs-but-is-it-cricket).
WAEC issued the City 400 spare ballots, 100 each for its four new wards including central and coastal where more than 12,000 voters received incorrect ballot papers now at the centre of court proceedings to have the election result declared invalid.
StreetWise applied on June 14 to have its FOI request reviewed internally, WAEC having responded on July 5 that no further documents were available and for remaining documents, “I have not granted access as they contain personal information about individuals (electors) other than the FOI applicant. I am not satisfied that disclosure of this personal information would, on balance, be in the public interest”.
StreetWise’s application for external review argues that the information is in the public interest given the number of spare ballots used in the disputed elections in 2023.
No figs under FOI
DPIRD internal reviewer Karl Smith upheld FOI officer Nicole Xanthis’ decision on June 18, 2024, to release a limited number of documents in response to StreetWise’s initial application on May 6 about the health of trees on High Street.
Ms Xanthis released 50 documents totalling 120 pages or less than half under the initial timeframe the department regarded as unmanageable. Not a single document was produced to shed light on whether the Moreton bay is infected and why DPIRD’s diagnosis was ‘incorrect’.
Of these, there are only a handful of emails for September and October 2023 and March and April 2024. Many are duplicates and not a single document was produced for the remaining eight months including February when DPIRD said it tested the tree.
Mr Smith said he consulted Ms Xanthin and that, “DPIRD had a number of other FOI applications at the time with only one officer to carry out reviews of search results for documents potentially falling within the scope of your application. In addition, the IEM branch responded to the confirmed detection of the PSHB within WA which require large staff resources with only a part time records officer able to assist with collating documents for the FOI request. It was estimated that 100 documents would divert a substantial and unreasonable portion of the agency’s resources”.
In its external review application, StreetWise states Mr Smith did not address the ‘public interest’ basis of the FOI application, “which in this case affects many members of the community”, nor produce any documents including tree inspection reports from February to April this year.
And importantly, no explanation as to why DPIRD cleared the Moreton Bay fig tree at 195 High Street of shot-hole borer disease after its pest and disease branch told StreetWise it was infected.
Mr Smith claimed: “The Incident and Emergency Management branch also confirmed they do not communicate infested premises status to other agencies or organisations unless the status of tree is positive and requires treatment. The IEM team confirmed that fig tree at 195 High Street, Fremantle is not positive therefore has not been treated and there are no minutes from meetings or correspondence with any other organisation. It was confirmed that a mistake was made in releasing incorrect information by PADIS. The request was misunderstood and cases confused. It has been confirmed that there are no further documents in regards to the error.”
Additional reports at www.streetwisemedia.com.au.
