I've been asked a few times about issuing a Freedom of Information request on the cultural reasons behind the closure of Mt Warning.
I completed such a request back in February 2021. This resulted in the release of a large amount of information including the fact that NPWS had a closure date in place while they were playing the game of rolling "temporary" closures throughout 2020-2022. It also revealed NPWS had made a substantial error in providing risk information about the park to the public and then Minister Matt Kean (See this post).
Documents were requested that related to discussions between NPWS and the Wollumbin Consultative Group. The WCG are the secretive group NPWS engaged to provide advice on Aboriginal issues in the park. It is now well established (see my book) that the group does not represent the interests of the Group with the closest cultural connection to the mountain, the Ngarakwal people, who encourage visitors to climb the summit.
All the documents provided, relating to NPWS discussions with the WCG were redacted (see image above as an example and this post for more). The reason for this is held in Section 161 of the National Parks and Wildlife Act), and schedule 1-12 of the Government Information (Public Access) Act 2009 (in italics below).
NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 161
161 Restriction on release of certain information
(1) The Secretary may, by notice in writing, advise the Minister that the Secretary is of the opinion that specified documents in the possession of the Service relating to--
(a) the location of threatened species, populations or ecological communities or Aboriginal objects, or
(b) the cultural values of an Aboriginal place or Aboriginal object,
should be withheld in the public interest.
(2) The Secretary may declare in the notice that information contained in the documents concerned is information for which there is a conclusive presumption of overriding public interest against disclosure for the purposes of the Government Information (Public Access) Act 2009 .
(3) The Secretary must not give a notice under this section in relation to documents relating to the location of Aboriginal objects or the cultural values of an Aboriginal place or Aboriginal object unless the Secretary has consulted with the Aboriginal people who the Secretary is aware have an interest in the documents concerned.
Government Information (Public Access) Act 2009 No 52
Schedule 1 Information for which there is conclusive presumption of overriding public interest against disclosure
12 Aboriginal and environmental heritage
(1) It is to be conclusively presumed that there is an overriding public interest against disclosure of information contained in a document that is the subject of a declaration referred to in section 161 of the National Parks and Wildlife Act 1974.
(2) It is to be conclusively presumed that there is an overriding public interest against disclosure of information that has been provided to the Scientific Committee under the Biodiversity Conservation Act 2016 if the Minister has, under section 4.20 of that Act, authorised the Scientific Committee to restrict access to the information.
(3) It is to be conclusively presumed that there is an overriding public interest against disclosure of information in a public register required to be kept under the Biodiversity Conservation Act 2016 if the Environment Agency Head (within the meaning of that Act) has, under section 9.10 of that Act, restricted access to the information.
(4) It is to be conclusively presumed that there is an overriding public interest against disclosure of information contained in a plan of management or draft plan of management for an area of community land under Division 2 of Part 2 of Chapter 6 of the Local Government Act 1993 that is the subject of a resolution of confidentiality referred to in section 36DA (2) of that Act (which relates to the disclosure of the nature and location of a place or an item of Aboriginal significance).
QLD has similar legislation to ensure the public are not provided with information related to Aboriginal issues. Section 12 of the QLD Right to Information act includes the following provision:
Right to Information Act 2009
Information disclosure of which prohibited by Act
(1) Information is exempt information if its disclosure is prohibited by 1 of the following provisions:
Aboriginal Cultural Heritage Act 2003, section 29(2)
Section 29(2) of the ACHA 2003 reads:
29 Information about cultural heritage Information protection provision
(1) This section applies to a person who, under this Act, submits to the chief executive or the Minister a report or other document about Aboriginal cultural heritage matters.
(2) The person must not include in the report or other document knowledge or information given to or otherwise acquired by the person if—
(a) the person knows the knowledge or information is of a secret or sacred nature; and
(b) the Aboriginal people in whose understanding the knowledge or information is of a secret or sacred nature have not agreed to its inclusion in the report or other document.
Maximum penalty— (a) for an individual—100 penalty units; (b) for a corporation—1000 penalty units.
Unfortunately for the public, the NSW and QLD Governments (yet to check on others) have a strong legislative instrument to prevent any discussions about actions being taken on public land that are being done with Aboriginal groups behind closed doors being open to the general public.
The public is completely excluded, with no right of appeal. Ironically this is said to be "in the public interest". This is the sort of double-speak Big Brother would be proud of!
If you are planning your own GIPA or QLD RTI request - take this on board.
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