What is Right to Know Week?
Right to Know Day is an international annual event held on 28 September that aims to increase awareness of individuals’ right of access to government information and open, transparent governance.
The objective of Right to Know Week is to raise awareness of a person’s right to government held information and encourage citizens to take an active interest in their right to access information.
How does UNE promote open, transparent government?
As a public institution, the University provides open access information on its website, including a register of government contracts, policies, procedures, and the organisational chart. UNE is constantly reviewing information to improve the availability of its information to the public, where appropriate.
Who can make an application to access UNE records?
Anyone can submit a Government Information (Public Access) Act (GIPA) access application for UNE records. The application form is available on the UNE Right to Information webpage.
There can be a fee associated with the administration complex searches and if so this would be advised on receipt of an application.
What is a record?
The GIPA Act defines a record as any document or other source of information compiled, recorded or stored in written form or by electronic process, or in any other manner or by any other means.
For further information, please refer to the Records Management Rule
What UNE records are available to the public?
Records held by the University are available for release unless there is an overriding public interest against disclosure. Information in personal emails can be subject to a GIPA Application. If the correspondence includes any decisions made and actions taken by a UNE Representatives in relation to University-related matters that are documented in email messages etc, it is required to be registered in the approved record keeping system.
When would UNE records be released to the public?
UNE’s Right to Information Officers need to weigh up the public interest considerations in favour of disclosure against the public interest considerations against disclosure before releasing any UNE information. Public interest consideration in favour of disclosure include, but are not limited to:
- Disclosure of the information could reasonably be expected to promote open discussion of public affairs or enhance Government accountability;
- Disclosure could reasonably be expected to inform the public about the operations of the University and, in particular, the University’s policies and practices for dealing with members of the public;
- Disclosure could reasonably be expected to ensure effective overside of the expenditure of public funds;
- The information is personal information of the applicant; or
- Disclosure could reasonably be expected to reveal or substantiate that the University (or a member of the University) has engaged in misconduct or negligent, improper or unlawful conduct.
Are there circumstances where UNE would not release information?
Yes. Schedule 1 of the GIPA Act sets out information for which there is a conclusive presumption of overriding public interest against disclosure. This includes disclosing information which may be prohibited by certain secrecy laws, where there is legal professional privilege, excluded information (i.e. information that is information of another government agency), documents affecting law enforcement, and information on the care and protection of children.
Table 14 of the Act outlines the overriding public interest considerations against disclosure. The public interest considerations listed in this Table are the only considerations (other than in Schedule 1) that may be taken into account under the Act in determining whether there is an overriding public interest against disclosure of government information. These considerations include a person’s personal information or information provided to UNE in confidence and that was expected to be kept confidential.
UNE’s Right to Information Officers must apply the public interest test which is that the public interest considerations against disclosure must outweigh the public interest considerations in favour of disclosure for the information not to be released.
Why are UNE records available to the public?
The GIPA Act was established to maintain and advance a system of responsible and representative democratic Government that is open, accountable, fair and effective. The Act authorises and encourages the proactive release of government information by the University and gives the members of the public an enforceable right to access information.
A person making an access application for UNE records has a legally enforceable right to be provided with access to the information unless there is an overriding public against disclosure of the information (see circumstances where UNE would not release information above).
Can a record be released if it is likely cause embarrassment to the University or the author?
Yes. The fact that the disclosure of the information might cause embarrassment to a person, or a loss of confidence in the University, is irrelevant and must not be taken into account when determining whether the information is released to the applicant.
Do I have to save every document or information I create?
Yes! If the information or documentation falls within the definition of a University Record as described above.
All UNE Representatives are responsible for the creation and/or capture of University Records within the approved recordkeeping system. The University recordkeeping system consists of:
- the approved Records Management System (RMS); and
- approved Business Systems.
For further information, please refer to the Records Management Rule or contact the Records Team records@une.edu.au
Where is the best place to save UNE records?
All University Records, whether electronic or paper, must be registered in an approved record keeping system at the point of creation or receipt. Currently the University’s approved record keeping system is Content Manager (also known as TRIM) and the approved business systems for the keeping of records are – Callista for specific student records, Technology One for financial records, and Ascender for all personnel records. SRM is used for contact with students.
For information on the best place to store research data, please refer to the Research Data Management page on the UNE website and read the Open Access to UNE Research Publications and Data Policy and Open Access to UNE Research Publications and Data Procedures.
UNE Representatives are not to maintain individual or separate files or recordkeeping systems or unmanaged electronic repositories (Hard Drives, Network Drives, Cloud Storage systems) for University Records except as otherwise authorised by the Director Governance and University Secretary and that authority registered in the approved records management system. For further information, please refer to the Records Management Rule or contact the Records Team records@une.edu.au.
What types of GIPA have been received?
Details of previous GIPA Applications can be found in the University’s disclosure log on the Right to Informationwebpage.
A large number of GIPA Access Applications received by the University are for the personal information relating to the applicant. Applications for personal information of the applicant are not required to be included in the disclosure log.
How do I go about seeking information from UNE?
Please refer to the Right to Information webpage on the UNE website.
Did you know? UNE has so far received 15 GIPA applications in 2021.
Did you know? In assessing a request for government information, if the Right to Information Officer identifies some of the information may be relating to another person other than the applicant, the officers are required to consult with the third party before releasing their information to find out if the third party has any concerns with the disclosure of their information. Further information on third party consultation can be found here.
Did you know? Records you ‘make’ as a UNE employee could potentially be included in information released under a GIPA access application. Consider the records you make before sending.