Freedom of information
16.4 The FOI Act is founded on the principle of open government. Itprovides a right of access to information held by government agencies and ministers. The FOI Act governs two aspects of this right. First, by requiring agencies and ministers to publish certain information,[3] and secondly, by providing persons with a right to apply for …
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Read moreIndividual Commonwealth employees
Risk factors15.5 The Queensland Crime and Misconduct Commission (CMC) has identified a number of risk factors that are associated with the misuse of official information, including intentional non-compliance—that is, the deliberate ‘leaking’ or inappropriate withholding of Commonwealth information—and unintentional non-compliance. 15.6 The CMC notes that, among other factors, the deliberate release of information may be …
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Read moreAustralian Government agencies
15.53 A common theme of this Inquiry is the personal nature of secrecy obligations. Individual compliance, however, depends upon the practices and processes of Australian Government agencies. For example, one of the risk factors identified by the CMC for the unauthorised disclosure of information by individuals is a failure by the employing agency consistently to …
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Read moreAgency-specific policies and guidelines
14.23 Agency policies and guidelines will typically be the first point of call for Commonwealth employees seeking to understand their information-handling obligations.14.24 The guide issued for Australian Public Service (APS) employees by the Australian Public Service Commission, APS Values and Code of Conduct in Practice, advises that:Agencies should establish clear policies and guidelines so that …
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Read moreCommonwealth information-handling manuals
14.6 Several policies that operate across the Australian Government apply to information handling. Of particular relevance are the PSM and the Australian Government Information and Communications Technology Security Manual (ACSI 33).Australian Government Protective Security Manual14.7 The PSM sets out guidelines and minimum standards in relation to protective security for Australian Government agencies and officers, and …
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Read moreCommonwealth employees outside the APS
13.4 As discussed in detail in Chapter 12, the Public Service Act and related instruments establish a comprehensive administrative secrecy regime for APS employees.[1] However, many Commonwealth employees, including those who may handle some of the most sensitive Commonwealth information, fall outside the ambit of the Public Service Act and therefore are not subject to …
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Read moreProcesses for dealing with breaches
12.107 Previous sections of this chapter have addressed the administrative secrecy obligations that should be imposed on APS employees. The following, and final, section discusses the processes that Australian Government agencies should use to determine whether a breach has occurred. First, it assesses the procedural requirements for determining misconduct required by the Public Service Act. …
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Read moreEvidence issues
Issues often arise where the defence is seeking to adduce evidence to show that sexual activity was consensual and, in doing so, to undermine the credibility of the complainant. This can sometimes result in unjustifiable trauma to complainants. In other contexts, the policy challenge is posed by evidence of prior misconduct by the defendant, which …
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Read moreCross-examination
Cross-examination is a feature of the adversarial process and designed, among other things, to allow the defence to confront and undermine the prosecution’s case by exposing deficiencies in a witness’ testimony, including the complainant’s testimony. Under the common law, the uniform Evidence Acts and other legislation, limitations have been placed on inappropriate and offensive questioning …
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Read moreGuiding principles and objects clauses
Time for Action drew attention to the important role that guiding principles can play in the interpretation of the law relating to sexual offences and in the application of the rules of evidence in sexual offence proceedings. Victoria is the only Australian jurisdiction which provides an objects statement and guiding principles in relation to sexual …
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