A journalist from Community News Hub says he will lodge a service complaint with the Premier’s Department after Aboriginal Affairs NSW declined to answer a general policy question about whether the NSW Aboriginal Land Council (NSWALC) can use its resources to threaten legal action against Aboriginal members and journalists, and did not provide a referral to a more appropriate body.
On 7 August, reporter Dean Foley asked for the Department/Minister’s general position on the propriety of NSWALC using resources – including Statutory Investment Fund (SIF) earnings – for litigation against members who raise governance concerns, or for the enquiry to be redirected to the right agency.
On 13 August, Aboriginal Affairs NSW replied that the issue was “a private legal matter” with “no involvement from the NSW Government” and said it could not comment, adding there are reporting and acquittal requirements for government funding.
After Foley clarified he was not seeking comment on his own case but a general policy view – and again asked for redirection if Aboriginal Affairs NSW could not assist – the final response on 14 August stated:
“NSWALC is an independent body and it’s a matter for them.” – David Hayes, Senior Media and Communications Officer Aboriginal Affairs NSW Premier’s Department
No referral was provided.
Foley argues that handling falls short of the Premier’s Department’s External Complaints Handling Policy.
The policy’s Respectful communication section says agencies should tell complainants “as soon as possible” if they can’t deal with any part of a matter and “provide advice about where such issues… may be directed” (see s 4.3.1, p. 8), which also requires responses that include reasons and options for review (s 5.7).
The same policy classifies complaints from media representatives as Tier 2 matters for handling by a more senior officer (s 5.5, p. 15). If an internal review is requested, the policy requires the Director, Media be contacted (s 5.6.5, p. 18).
According to the Department’s timeline table (p. 11), complaints should be acknowledged within 5 business days and receive a written response within 21 business days. The Department’s contact page says complaints are “promptly and properly dealt with” and that media enquiries lodged via the online form go straight to the media team.
Aboriginal Affairs NSW staff signatures show they are part of the Premier’s Department. Aboriginal Affairs NSW did not provide further comment in the email exchange beyond its position that the matter is for NSWALC.
Disclosure: The journalist seeking comment is the reporter in this story and is the recipient of a defamation concerns notice referenced in his email. The story relies on the email record and the Department’s published policy.
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