Submission of the Office of the Registrar of Indigenous Corporations (ORIC) to the discussion paper on disclosing names and contact details of members of the Australian Public Service (the discussion paper).

Thank you for the opportunity to make a submission to the discussion paper.

ORIC does not disclose the names of non-SES level public servants to FOI applicants.  The reason ORIC discloses the names (but not contact details or signatures) of SES-level officers is that these are available on public websites and there is no reason to withhold them unless in exceptional circumstances.  ORIC would make the decision to exclude this information on the basis of the exemptions outlined in the discussion paper on a case by case basis, depending on the circumstances.

ORIC emphasises that it is entirely transparent and consistent in applying its policy of non-disclosure of the names and contact details of its non-SES level public service employees.  In every acknowledgement of receipt of a valid FOI request the agency sends to applicants for the purposes of paragraph 15(5)(a) of the FOI Act, we advise FOI applicants that we do not disclose these details.  In addition, we specifically advise them that if they do wish to receive this information, we would be willing to consider such a request.  In this writer’s experience, no such request has been received, nor are we aware of an FOI applicant having made unfavourable comment on this policy.

The reason ORIC adopts this policy is that its staff have in the past been subjected to real and credible threats of personal harm, as well as considerable verbal abuse. It is therefore ORIC’s view, based on past experience, as well as the agency’s role and public interface (members of corporations and the public can access this agency for free via a publicly listed 1800 number) that disclosing the names and contact details of its non-SES members is not in the public interest.  The potential for harm is very real given this agency’s role and public profile, including harassment from complainants and inappropriate contact.  ORIC refers to the decision in Price and AFP [2017] AATA 1407, as referenced in the discussion paper, in support of this position.  

ORIC provides considerable amounts of assistance and information to corporations registered under the CATSI Act and remains of the view that releasing the names and contact details of its non-SES officers would not enhance its scrutiny or accountability, especially given its already high public profile and accessibility. ORIC is therefore of the view that, provided notice is given to applicants of the intention to not release this information, this should remain an option, especially for agencies in circumstances such as those in which ORIC operates.