CREATING a positive freedom of information (FOI) culture in Victoria is underpinned by improved public service leadership, rather than political leadership of the agency, a new report shows.

A pilot study, commissioned by the Office of the Victorian Information Commissioner (OVIC) with support from Monash University, shows that most FOI practitioners are sincere and passionate about providing the public with access to government-held information.

However, the FOI officers’ efforts are at times hampered by executive managements at agencies that don’t regard FOI as a priority.

The study included six Victorian government agencies, ranging from small government departments and local councils, to large government departments. An initial online survey of FOI practitioners was followed by focus groups and interviews with 27 FOI officers.

The principal aim of the study was to determine if the culture of administering FOI in Victoria could be captured, and identify ways to improve FOI laws and systems to provide the community with easier access to government information.

The key finding was that FOI practitioners ranked government executives as more important than political leadership in building a positive and well-functioning FOI culture.

The pilot study was implemented and the report authored by associate professor Johan Lidberg from the School of Media, Film and Journalism at Monash University.

“The principal justification for governments passing and implementing laws that allow the public a means of independently accessing government information is accountability,” Associate Professor Lidberg said.

“One of the cornerstones in mature liberal democratic systems of governance is that those who wield power in society must also be held to account for how this power is executed.”

Based on the concrete recommendations in the report, the pilot study clearly demonstrated that the culture of implementing FOI can be captured.

The study also highlighted the importance of agencies adopting proactive information disclosure policies. These two findings comprise a quarter of the eight recommendations to OVIC made in the report.

“Another important takeaway from the project was the breadth of attitudes to proactive release of information held by FOI practitioners. The majority viewed proactive release as the norm, whereas others took the view that their job was to administer the FOI Act only,” Associate Professor Lidberg said.

He believes more research is needed to map the prevailing attitudes across government agencies in more detail.

“The public’s right to access information is crucial for accountability and leads to better policy outcomes,” said Victorian Information Commissioner Sven Bluemmel. “I would encourage public sector leaders to facilitate the proactive release of information where possible.”

In the next phase of the project, OVIC, and several other jurisdictions, will partner with Monash University researchers to seek funding from the Australian Research Council.

It’s proposed the next, more comprehensive, phase of the study will survey a greater number of government agencies.

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THE Queensland Resources Council (QRC) believes the Palaszczuk Government’s historic trade mission to China will further strengthen the trading partnership through key resource commodities of coal, LNG and metals to create jobs, stimulate investment and boost regional Queensland.

QRC chief executive Ian Macfarlane has been invited by the Premier to join the mission this week, which will coincide with the 30th anniversary of the signing of a Sister State relationship between Queensland and the Municipality of Shanghai.  The trade mission will be led by Deputy Premier and Treasurer Jackie Trad.

“Over the last 30 years, Queenslanders have benefited greatly from the partnership we have developed with the People’s Republic of China," Mr Macfarlane said.

"The growth in trade has been extraordinary, creating more jobs, attracting more investment and, in the case of resource commodities like coal and LNG, it has generated more royalties for the Queensland Government,” he said.

“Thirty years ago, Queensland exported only $147 million worth of exports to China.  As an export market, China ranked 15th. It accounted for less than 2 percent of Queensland’s exports. Today China is clearly Queensland’s most important export market.  Queensland's exports to China were worth $28.6 billion or almost a third of Queensland’s total exports.

“That extraordinary growth has been pronounced over the last five years thanks to the contribution of the resources sector. Queensland’s exports have almost tripled from $11.2 billion in 2014-15 to more than $28.6 billion last financial year.”

China is Queensland’s largest coal customer, it purchased 50.8 million tonnes of coal in 2018 or almost a quarter (23%) of all Queensland’s coal exports in 2018.China is also the state's largest LNG customer, it purchased 14.2 million tonnes in 2018 or more than two-thirds (68%) of Queensland’s entire LNG production.

Mr Macfarlane said it was an honour for the QRC to be represented on the trade mission.

“The Premier’s invitation recognised the importance of the resources sector to the Queensland economy, not only as the source of 80 percent of the State’s export earnings but an employer of 316,000 Queenslanders and injecting more than $62 billion into the State’s economy,” he said.

www.qrc.org.au

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NEW HOPE Group is calling on the Premier and Minister Lynham to immediately approve New Acland Mine Stage 3 following the September 10 judgement in the Queensland Court of Appeal.

The Court of Appeal ruled in favour of New Hope Group and rejected the case of the objector, Oakey Coal Action Alliance.

New Hope Group chief operating officer Andrew Boyd said there is now nothing standing in the way of the State Government awarding New Acland Mine its long overdue approvals.

“The Premier and Minister Lynham could have approved New Acland Stage 3, months ago,” Mr Boyd said.

“It’s time for them to step up and do what’s right.

“Both the Premier and Minister Lynham stated last week, they would make a decision following the Court of Appeal.

“The Court of Appeal yesterday ruled in favour of New Hope Group, paving the way for the State Government to approve New Acland Stage 3 immediately.

“It’s time for the Premier to end the uncertainty.

“The Acland project has been before the courts, four times in the past four years.

“On three occasions, multiple judges ruled in favour of New Hope Group, while the decision of the fourth (the original Land Court Member) has been found to be infected by an apprehension of bias against the company.

“No wonder the New Acland workforce and the wider Darling Downs community is confused and angry.

“The Government has run out of excuses. The Premier and Minister Lynham can end the uncertainty now and approve New Acland Stage 3 and help New Hope Group provide long term certainty to its employees, suppliers and the local community.”

THE Australian Small Business and Family Enterprise Ombudsman, Kate Carnell has welcomed the Federal Government’s proposal to extend the amnesty to tackle non-payment of workers’ superannuation.

“The government has reintroduced legislation to extend a one-off amnesty that effectively encourages employers to catch-up on paying superannuation entitlements to staff, without being slugged with the harsh penalties that usually apply,” Ms Carnell said.

“We support the Bill as it would provide small business with a window of time to get up to date with outstanding payments to current and past employees.

“Most small businesses do the right thing in this area, with 95 percent already complying.

“The Australian Taxation Office has access to company data through Single Touch Payroll, so it’s easy for them to find out if a small business has late or unpaid superannuation payments," Ms Carnell said.

“So now is the time for small businesses to speak to their trusted advisers and get their affairs in order.

“All Australian workers should be paid the entitlements they’re owed. The amnesty, if passed, would give small businesses a short amount of time to ensure they are compliant.

“If this Bill gets through, small businesses should act quickly to take advantage of the amnesty or face significantly higher penalties if found to be non-compliant.”

www.asbfeo.gov.au

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THE Queensland Resources Council welcomes the expansion of Glencore’s Indigenous Employment Pathways Program in central Queensland next year with the aim of providing skills and jobs for Indigenous Australians.

QRC chief executive Ian Macfarlane said the resources sector had a resolute commitment to playing its part in creating economic opportunities for Indigenous Australians.

“I’d like to congratulate Glencore for expanding this program and for partnering with the Indigenous-owned Diversified Building Services with a plan to provide employment opportunities for 20 Indigenous Australians. Economic opportunities for Indigenous Australians are essential to making meaningful strides towards the Closing the Gap targets and the resources sector had an important role to play,” Mr Macfarlane said.

“Last year Indigenous employment grew by 11 percent in the resources sector. The resources sector is committed to doing even more to extend economic opportunities to First Nations people, and we hope to see other sectors join us with the same goal.

“The resources sector is one of only two sectors in Queensland with a genuine representation of Indigenous employees. Indigenous people comprise 4 percent of the State’s workforce in resources and Queensland’s Indigenous population is 4 percent.

“As a sector that largely operates in regional and remote communities with high Indigenous populations our sector has a unique opportunity to be a leader in Indigenous employment.”

The program begins in February 2020 and Glencore will be holding an information session tomorrow in Rockhampton and next month in Mackay.

www.qrc.org.au

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A FEDERAL Circuit Court decision delivered today demonstrates why there is an urgent need for the Parliament to pass proposed Ensuring Integrity laws to ensure that building unions and their officials play by the rules, claimed Master Builders Australia.

The decision found that a small business sub-contractor had been deliberately denied work because they did not have a union endorsed pattern Enterprise Bargaining Agreement (EBA). A larger construction company was pressured to deny this opportunity because they were threatened by the Construction Forestry Maritime Mining And Energy Union (CFMMEU) for not engaging its preferred subcontractors who did operate under a union pattern EBA. 

The court found that: “The [CFMMEU] contacted me at around 5:00 yesterday. They threatened action on the site if we signed you up." 

And that this resulted in the construction company: "…deliberately chose to contravene the Fair Work Act. The evidence clearly establishes that faced with two commercially unpalatable alternatives, they chose the one which led Forest Meiers to knowingly contravene the Fair Work Act, rather than to take a stance against the CFMEU." 

And that this conduct: "….has the potential to perpetuate a culture of submission in the building and construction industry where economic duress is able to be applied to subcontractors to force them to become covered by an enterprise agreement that also covers a union." 

Master Builders Australia CEO Denita Wawn said, "This case shows why the Parliament needs to urgently pass the Ensuring Integrity laws, so that building unions and their officials can be properly held to account for their ongoing culture of bullying, threats and thuggery.

"This case is yet another in a long line of decisions in which building unions threaten one company so they can control who gets work and who doesn’t,” Ms Wawn said. 

"It's a way to signal to subcontractors, who are mainly small and family businesses, that they have one choice: they must do what the union says – or - have their business, livelihoods and those of their workers threatened or jeopardised.

"That a company thinks the prospect of facing Government Regulator investigations, Federal Court proceedings and exposure to significant fines and penalties – is better than facing the wrath of building unions who think they are above the law – says it all,” Ms Wawn said.

www.masterbuilders.com.au

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THE Federal Court has handed down penalties that total $108,875 against the CFMMEU and a group of its officials, after finding they bullied and threatened a small business into signing a union deal, according to Master Builders Australia,a nd it points to the need for 'ensuring integrity' laws.

Included in this fine was a $9000 ‘personal payment order’ against one official who the Court found had a history of repeatedly breaking industrial laws. 

Denita Wawn, CEO of Master Builders Australia said, “This is the second judgment handed down by a Court in less than seven days that shows how the CFMMEU treats small businesses – it’s the union way – or the highway.” 

In handing down this decision, the Court found a group of CFMEU officials approached subcontractors at the Syme Library and Community Centre in Carlton, Victoria. 

The subcontractor was told, "you work in the city so you have to have an enterprise agreement and you should sign this now". The head contractor on the site then pressured the subcontractor further, saying that if the subcontractor "did not sign the enterprise agreement with the CFMEU it would get other employees that are covered by an enterprise agreement to finish the job" and then charge the subcontractor the extra costs.

The subcontractor was ultimately kicked off the site for not signing the union deal. 

“These are clearly not isolated incidents and are not limited to just one ‘bad egg’ in the building union,” Ms Wawn said. 

 “This is yet more evidence that fines and penalties are not enough to convince building unions to change their ways or to protect the small businesses and sub-contractors in our industry. This is why we need the Parliament to pass the Ensuring Integrity laws as soon as possible,” she said. 

“Only when these laws pass might building unions see these fines as more than just ‘the cost of doing business' and be held accountable for their actions. Bullies and thugs should not be in charge of unions,” Ms Wawn said.

www.masterbuilders.com.au

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APPLICATIONS for the Queensland Resources Council’s 2020 Coal Minesite Rehabilitation Trust Fund Postgraduate Scholarships (Minesite Rehabilitation Scholarships) are open.

QRC chief executive Ian Macfarlane said there were two scholarships available to pursue postgraduate studies in world-class environmental management.

“These scholarships can open up new pathways for people in their studies across a plethora of environmental fields and I encourage people who are interested to recognise their talents and potential and to look ahead to further career development,” Mr Macfarlane said.

“Our members understand the critical importance of adhering to world-class environmental standards with a strong focus on the rehabilitation of land post mining. These scholarships, which are funded by industry, typify that commitment and the resources industry’s close and productive partnerships with the Queensland Government and educational institutions.”

Mr Macfarlane said applicants were required to submit a brief proposal (no more than 10 pages) aligned to one or more of the 2020 Research Priorities (below). He said it was mandatory that all proposals be accompanied by a completed cover sheet.

• Native ecosystem rehabilitation esp. listed communities and success criteria;

• Rehabilitation of agricultural land esp. subsidence impacts;

• Measurement of rehabilitation success esp. new and emerging technologies;

• Landform design, drainage and stability;

• Water management impacts – surface and groundwater quantity and quality;

• Mine closure and transition esp. working with communities to identify rehabilitation outcomes, meeting regional planning expectations, and evaluation of residual risk.

Applications close Friday the December 6, 2019.

Click here for applications for 2020 scholarships and examples of projects.

www.qrc.org.au

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