Secret state: new Freedom of Information ‘cover up’ row on power crisis
TAXPAYERS are footing State Government legal action to stop the public release of potentially embarrassing records over how the power crisis has hit South Australia’s largest private employer.
SA 2018
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- How FOI law changes an ‘attack on democracy’
TAXPAYERS are footing State Government legal action to stop the public release of potentially embarrassing records over how the power crisis has hit South Australia’s largest private employer.
For the past 19 months, the Department of Premier and Cabinet has refused to release documents under Freedom of Information laws about BHP’s “cost and supply of electricity”.
The department has launched taxpayer-funded legal action against a State Ombudsman ruling — the FOI “independent umpire” — that the documents were of public interest and should be released.
The row in the South Australian Civil and Administrative Tribunal, which now oversees FOI laws, also attacks Wayne Lines’ ruling for “openness and accountability”.
Liberal deputy leader Vickie Chapman said the FOI battle was “yet another example of how South Australia has become a secret state during 16 years of Labor Government”.
“Labor always puts its political interests before the interests of South Australia and doesn’t care how much taxpayers money it spends doing it,” she said.
“It makes you ask, what are the Government trying to hide?”
The application was originally made by Opposition energy spokesman Dan Van Holst Pellekaan to the Department of State Development before its energy division was moved.
The FOI application, dated July 18, 2016 — a time the Liberals say “major industry was raising serious concerns about electricity” — uncovered two documents:
A BRIEFING paper to Energy and Resources Minister Tom Koutsantonis from executive director Adam Reid dated July 11, 2016.
A SERIES of “speaking points” for use at the Climate Change Carbon Neutral Adelaide Cabinet taskforce meeting on July 13, 2016 with senior Ministers including Premier Jay Weatherill. DPC energy markets director Rebecca Knights prepared the pointers for then DSD chief executive Don Russell.
The government refused to release the Cabinet-classified documents because they were exempt under FOI and would “disclose information concerning the deliberations and decisions of Cabinet”.
It also argued it would “prejudice” future supply of information and “breach” confidences with BHP.
Mr Lines, who consulted with seven affected parties, rejected these arguments, prompting the government’s tribunal appeal.
In an affidavit to the tribunal, senior DPC energy executive, Vincent Duffy, accused Mr Lines of “errors in law”.
“The disclosure of these documents will inhibit the frankness and candour internally within the State Government,” he wrote.
In February last year, the mining giant reported a $137 million profit hit after power outages at its Olympic Dam operations — including during the statewide blackout on September 28, 2016.
The state’s energy crisis, and soaring electricity prices, have become an election issue.
A DPC spokesman refused to answer questions including if it was “covering up” critical documents or if it was fuelling a “culture of secrecy” mentality.
Despite the Ombudsman’s ruling, neither were prepared for the Ministry, he said the FOI act provided exemption for “Cabinet material”.
“(DPC) has a strong commitment to proactively releasing information, while maintaining the highest standards of privacy, security and integrity with respect to information it holds,” he said in a statement.
“The department has taken this matter to SACAT because of the need to maintain the confidentiality of material discussed in Cabinet.”
A BHP spokesman declined to comment.
Tribunal deputy president Mark Stevens is yet to rule.
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