❓ A WA parliamentary question seeks details on measures taken by the Department of Mines and Petroleum (DMP) to prevent unlawful disclosure of documents following a Corruption and Crime Commission media statement. The Minister's answer details implemented security measures, training, and relevant legislation.
AnsweredQoN 3027Legislative Council
QuestionView source ↗
With reference to the Corruption and Crime Commission media statement, dated 3 October 2008 titled, ‘Serious misconduct opinion against former public servant,’ I ask -
(1) Can the Minister explain specifically what has been done within the Department of Mines and Petroleum (DMP) in the Perth head office and all regional offices since the date of the media release, referred to in terms of prevention and clear deterrence to ensure that no public servant within the DMP is able to unlawfully disclose documents or information, which exists on departmental files to any person?
(2) If no to (1), why not?
(3) As a result of the media release, were all employees of DMP reminded by correspondence or by email of their obligations as public servants not to release, disclose documents to any persons without lawful access?
(4) If no to (3), why not?
(5) If yes to (3), on what specific dates did this occur, and how in terms of policy and practice was this achieved?
(6) Can the Minister quote the sections of the
Mining Act 1978
,
Mines Safety and Inspection Act 1994
, or any other Acts which may be applicable including any penalty which may imposed for any officer/employee unlawfully releasing/disclosing documents on Departmental files?
(7) If no to (6), why not?
(8) Can the Minister quote the specific sections of any DMP policies and procedures which focus on the prevention and deterrence of DMP officers/employees releasing/disclosing documents information in an unlawful manner?
(9) If no to (8), why not?
(10) Will the Minister table all of the DMP policies and procedures referred to in question (8) above?
(11) If no to (10), why not?
(12) Can the Minister explain how the public of Western Australia can have confidence that within the DMP, documents and/or information held on Departmental files are not being unlawfully accessed by any persons?
(13) If no to (12), why not?
(1) Can the Minister explain specifically what has been done within the Department of Mines and Petroleum (DMP) in the Perth head office and all regional offices since the date of the media release, referred to in terms of prevention and clear deterrence to ensure that no public servant within the DMP is able to unlawfully disclose documents or information, which exists on departmental files to any person?
(2) If no to (1), why not?
(3) As a result of the media release, were all employees of DMP reminded by correspondence or by email of their obligations as public servants not to release, disclose documents to any persons without lawful access?
(4) If no to (3), why not?
(5) If yes to (3), on what specific dates did this occur, and how in terms of policy and practice was this achieved?
(6) Can the Minister quote the sections of the
Mining Act 1978
,
Mines Safety and Inspection Act 1994
, or any other Acts which may be applicable including any penalty which may imposed for any officer/employee unlawfully releasing/disclosing documents on Departmental files?
(7) If no to (6), why not?
(8) Can the Minister quote the specific sections of any DMP policies and procedures which focus on the prevention and deterrence of DMP officers/employees releasing/disclosing documents information in an unlawful manner?
(9) If no to (8), why not?
(10) Will the Minister table all of the DMP policies and procedures referred to in question (8) above?
(11) If no to (10), why not?
(12) Can the Minister explain how the public of Western Australia can have confidence that within the DMP, documents and/or information held on Departmental files are not being unlawfully accessed by any persons?
(13) If no to (12), why not?
AnswerView source ↗
Answered
2 December 2010
Responded by
Minister for Mines and Petroleum
Response time
23 days
(1) Various system and security measures have been implemented, including:
- All Records rooms are locked at night and when staff are not present during the day and require swipe card access;
- An audit Log of actions on the OurDocs document management system so that access to any documents can be tracked;
- A document release classification has been applied to emails as a warning message, such that if a "department use only" document is attached to an email sent from DMP the employee is made aware;
- Regular reminders to users of the information security features available on OurDocs, such as saving emails into OurDocs, security status and the availability of guidelines;
- A clear desk policy for all meetings so that documents can be accounted for;
- DMP has a register of Contact with Lobbyists and staff are required to report on all contacts. This is reported to the Corporate Executive on a monthly basis. This requirement serves as a reminder to staff of their obligations and to seriously consider what information may be legally provided; and
- A National Police Clearance is conducted as part of the recruitment process for identified positions.
In addition to the above, Workplace Conduct and Awareness training has been revised three times to ensure relevance of information and applicability to the agency. Workplace Conduct and Awareness training complies with the Premier's Circular 2008/06 relating to accountable and ethical decision making in the Western Australian Public Sector.
(2) Not applicable
(3) All employees attend mandatory Workplace Conduct and Awareness Training under which this requirement was covered, as outlined in the response to question 1.
(4) Not applicable
(5) Workplace Conduct and Awareness training sessions, under which the release of confidential information is covered, were initiated immediately after the incident was identified and have continued since the press release in 2008.
These sessions are facilitated by external consultants with a DMP representative in each session to ensure that if any DMP specific questions are raised they can be responded to immediately.
This training is undertaken as part of DMP's new employee induction process, and as refresher training for all staff. Sessions were conducted on the following dates and at regular intervals thereafter:
a.10 October 2008;
b.17 October 2008;
c. 30 October 2008;
d.31 October 2008.
6.
a.Mining
Regulations 1981
113. Employees not to use information
A person employed by the Department in any capacity who uses for the purpose of personal gain any information that comes to his knowledge in the course of, or by reason of, his employment with the Department commits an offence.
96. Release of mining information
(1) In this regulation --
combined mineral exploration report
means a combined mineral exploration report filed in accordance with arrangements referred to in section 115A(4);
mineral exploration report
includes a combined mineral exploration report;
mining information
means --
(a) information contained in --
(i) a mineral exploration report;
(ii) an operations report;
(iii) a report required under regulation 36(d) or 41(d); or
(iv) a production report furnished under regulation 85A(1) or (2), irrespective of when the report was filed, furnished or otherwise given; and
(b) any other information relating to mining supplied to the Minister, a warden or an official of the Department under the Act irrespective of when the information was supplied,
but does not include such information if it is in the form of mining statistics compiled under regulation 95A;
operations
report has the same meaning as in section 115A(1);
release
means publish, print, reproduce or otherwise make available to the public.
(2) The Minister may only release mining information --
(a) with the written consent of the holder for the time being of the mining tenement the subject of the information or of a mining tenement granted in renewal or substitution of that mining tenement;
(b) after the expiry of the period of 3 months immediately following the surrender, forfeiture, expiry or cancellation of the mining tenement the subject of the information or of a mining tenement granted in renewal or substitution of that mining tenement;
(c) in accordance with subregulation (4); or
(d) in the case of a combined mineral exploration report, in accordance with subregulation (7).
(3) Despite subregulation (2), a person may, on payment of the prescribed fee, obtain at the Department at Perth a copy of the front page of an operations report in the form of Form 5, together with either Attachment 1 --
"Summary of Mineral Exploration/Mining Activities"
or Attachment 2 --
"Summary of Prospecting and/or Small Scale Mining Activities"
, as the case may be.
(4) Subject to subregulation (5), the Minister may release mining information that has been held at the Department for a period of 5 years or more.
(4a) Subregulation (4) does not apply to mining information that consists of information as to sales value contained in a production report furnished under regulation 85A(1).
(5) The Minister may, upon the written application of the holder of a mining tenement the subject of mining information to which subregulation (4) applies or of a mining tenement granted in renewal of or substitution for such a mining tenement, refuse to release the information for a further period or further periods not exceeding 5 years in each case.
(6) An application under subregulation (5) shall set out the reasons why the mining information should not be released immediately.
(7) If --
(a) a mining tenement, or part of a mining tenement, the subject of information in a combined mineral exploration report is surrendered, forfeited or expires or is cancelled; and
(b) the former holder of that mining tenement or that part of the mining tenement fails to provide a separate mineral exploration report in respect of the mining tenement or part of the mining tenement within the period of 3 months immediately following its surrender, forfeiture, expiry or cancellation, the Minister may, at the expiry of the period referred to in paragraph (b), release information relating to any mining tenement contained in the combined mineral exploration report.
[Regulation 96 inserted in Gazette 13 Oct 1995 p. 4819-20; amended in Gazette 11 Jun 1999 p. 2544; 3 Feb 2006 p. 597-9; 15 Jan 2010 p. 112.]
120S. Confidentiality of information
(1) The Director may, at the request of an owner of negatives of aerial photography or a contractor, classify information referred to in regulation 120Q(d), (e) or (f) that relates to particular aerial photography as confidential for a period not exceeding 5 years from the date on which the aerial photography concerned was undertaken.
(2) Despite regulation 120R(3) and (4), information that is classified as confidential under subregulation (1) shall not be made available to the public during the period that it is so classified.
[Regulation 120S inserted in Gazette 13 Oct 1995 p. 4822.]
(b) Mine Safety and Inspection Act Section 26 'Use and misuse of information by inspectors and assistant inspectors' Breaches of this Act are dealt with under the DMP Code of Conduct
(1) A person who is, or formerly was, an inspector, an assistant inspector or a person assisting such an inspector must not --
(a) use for the gain of any person confidential knowledge or confidential information obtained by that person in the course of or as a result of that person's employment as an inspector or assistant inspector or as a result of that person assisting such an inspector (as the case requires); or
(b) except in the proper performance of a function under this Act, intentionally or negligently disclose to any person information of a commercial nature concerning a mine or mining operations or information that is detrimental to or likely to be detrimental to the mining operations.
(2) A person who is, or was formerly, an inspector, an assistant inspector or a person assisting such an inspector must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the Act from an employer or other person, concerning an accident at a mine which either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made --
(a) under or in connection with the administration of this Act; or
(b) to a court in accordance with a subpoena issued by the court; or
(c) in accordance with a requirement of some other Act.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine of $10 000.
(4) Notwithstanding subsections (1) and (2), an inspector, an assistant inspector or a person assisting such an inspector may --
(a) with the approval of the State mining engineer, disclose to a coroner a report of an investigation into a fatal accident occurring at a mine; and
(b) provide a coroner with information that the inspector or assistant inspector has grounds to believe to be accurate which appears likely to assist the coroner's investigation of a fatal accident at a mine.
(5) In this section,
inspector
includes a workmen's inspector.
[Section 26 amended by No. 24 of 2000 s. 25.]
(c) Criminal Code Section 81 Disclosing official secrets
(1) In this section --
disclosure
includes --
(a) any publication or communication; and
(b) in relation to information in a record, parting with possession of the record;
government contractor
means a person who is not employed in the Public Service but who provides, or is employed in the provision of, goods or services for the purposes of --
(a) the State of Western Australia; or
(b) the Public Service; or
(c) the Police Force of Western Australia;
information
includes false information, opinions and reports of conversations;
official information
means information, whether in a record or not, that comes to the knowledge of, or into the possession of, a person because the person is a public servant or government contractor;
public servant
means a person employed in the Public Service;
unauthorised disclosure
means --
(a) the disclosure by a person who is a public servant or government contractor of official information in circumstances where the person is under a duty not to make the disclosure; or
(b) the disclosure by a person who has been a public servant or government contractor of official information in circumstances where, were the person still a public servant or government contractor, the person would be under a duty not to make the disclosure.
(2) A person who, without lawful authority, makes an unauthorised disclosure is guilty of a crime and is liable to imprisonment for 3 years.
Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.
[Section 81 inserted by No. 4 of 2004 s. 59; amended by No. 70 of 2004 s. 35(1).]
d. Public Sector Management Act 1994 Section 86 Procedure when charge of breach of discipline brought
(3) Subject to section 89, if a respondent admits a charge under subsection (2) and the employing authority finds the charge to be proved, the employing authority --
(a) shall, if the charge is a charge of committing a breach of discipline consisting of disobedience to, or disregard of, Public Sector Management Act 1994 Part 5 Substandard performance and disciplinary matters a lawful order referred to in section 94(4), dismiss the respondent; or
(b) may --
(i) reprimand the respondent;
(ii) transfer the respondent to another public sector body with the consent of the employing authority of that public sector body or, if the respondent is an employee other than a chief executive officer or chief employee, transfer him or her to another office, post or position in the public sector body in which he or she is currently employed;
(iii) impose on the respondent a fine not exceeding an amount equal to the amount of remuneration received by the respondent in respect of the period of 5 days during which he or she was at work as an employee immediately before the day on which the finding of a breach of discipline was made;
(iv) reduce the monetary remuneration of the respondent;
(v) reduce the level of classification of the respondent; or
(vi) dismiss the respondent, or, except when the respondent is dismissed under subparagraph (vi), take action under any 2 or more of the subparagraphs of this paragraph.
e. Public Sector Commission Administrative Instruction 711 - Official Information - Breaches of this Instruction are dealt with under the DMP Code of Conduct
An officer shall not, except in the course of the officer's official duty and with the express permission of the chief executive officer:
(1)(a) Give to any person any information relating to the business of the Public Service or other Crown business that has been furnished to the officer or obtained by the officer in the course of his/her official duty as an officer.
(b) Disclose the contents of any official papers or documents that have been supplied to the officer or seen by the officer in the course of his/her official duty as an officer or otherwise.
(c) Disclose the contents of any Advertised Vacancy file that has been supplied to the officer or seen by the officer in the course of his/her official duty as an officer or otherwise.
Not applicable
f. Code of Conduct - Breaches of the Code of Conduct are dealt with under the Public Sector Management Act 1994
(i) Expected Conduct in the Department
Performance of Duties
As an employee of the Department, you are required to:
- Act with integrity in the performance of official duties and to be scrupulous in the use of official information and facilities.
- Exercise proper courtesy, consideration and sensitivity in your dealings with members of the public, clients of the Department and employees.
- Comply with the provisions of legislation including those governing behaviour, code of ethics, code of conduct and standards for public officers.
These general principles are found in the Public Sector Management Act and are to be observed by all public sector bodies and their employees.
Supervisors are obliged to ensure that instructions given to employees are ethical and reasonable. Department employees are expected to promptly and efficiently carry out all duties pertaining to their position or any other duty that they are lawfully directed to perform.
Confidentiality/Release of Official Information
Section 81 of the Criminal Code Act makes it illegal for a public official to disclose confidential information, and prohibits employees of the public service from publishing or communicating any fact or document that came to their knowledge or possession by virtue of their office and which it is their duty to keep confidential.
g.Confidentiality and Release of Official Information Policy - Breaches of this Policy are dealt with under the Public Sector Management Act 1994
(i) In the course of your official duties, you may have access to confidential information. This information must only be used in the course of official duties or for another lawful purpose, for example, under the requirements of the Freedom of Information Act 1992.
(ii) You must not make improper use of the confidential information to gain directly or indirectly, an advantage for yourself or for any other person or to cause detriment to the Department or 3rd parties.
(iii) You are prohibited from publishing or communicating any fact or documents that came to your knowledge or possession by virtue of your office and which it is your duty to keep confidential. Publicly available information that is published on the Department's internet or classified "For Public Release" in the corporate document management system is exempt from this requirement.
h. Personal Files Policy
Policy statement
A personal file will be created for you so that your relevant personal and personnel information can be stored. Your personal file will be kept and managed in a way that ensures strict confidentiality.
Policy principles
- All personal files are stored in Human Resources Branch.
- Access to your personal file may be granted to your line managers or an authorised external organisation, following the approval of the General Manager Human Resources.
- The contents of a personal file are not to be removed unless with the specific approval of the Director General or delegated officer and only when an audit trail has been provided identifying the basis for removal. Generally, this only includes matters that are demonstrably unjust and factually incorrect.
- You may view the contents of your personal file provided this is in a manner consistent with Department process developed for this purpose. This also extends to ex-employees
i. E-mail, Intranet and Internet Code of Practice - Breaches of the Code are dealt with under the Public Sector Management Act 1994
i. Information Security
(a) Acceptable Use of the DMP's ICT Facilities ensures information is kept secure. Officers and contractors are expected to treat all Departmental information, whether paper-based or electronic, as confidential
(b) Compliance: All DMP officers and contractors are required to comply with Departmental policy and are bound by law to observe applicable statutory legislation relating to personal data, company data, public records, copyright and other forms of intellectual property and misuse of information and facilities.
(c) All DMP officers and contractors are required to report suspected Acceptable Use policy violations to the DMP IT Service Desk.
(d) All contractors engaged in work on DMP ICT IT facilities and infrastructure must be contracted in writing for the work, through which they must agree to be bound by this Policy, agree to maintain confidentiality, and to handover Department owned documentation on completion of their contracts.
(e) Breaches of this Policy may result in restriction of access to systems, Intranet, Internet and/or email services and/or may lead to disciplinary action. Any suspected criminal activity will be reported to the relevant authorities.
ii. Officers and contractors are responsible for:
- not disclosing any information to which they have access and that they do not have lawful ownership, authority, or permission to disclose, including personal information to external organisations or the general public.
- not using Department information for non-Department related purposes;
- accessing only accounts, files, and data that are their own, that are publicly available, or to which they have been given authorised access;
- being accountable for authorising or allowing access to information they create on behalf of the Department;
- maintaining the confidentiality and privacy of information classified or known by the user as private or confidential and keeping such information in their possession secure;
- ensuring computer workstations are left secure when not in use by signing-off and/or securing them against unauthorised use;
- maintaining security and confidentiality of userIDs, tokens and passwords and not permitting use of them by others;
r- eporting to their supervisor any suspected unauthorised access by others to the network using their userID, token and/or password;
- ensuring that all corporate information is correctly stored on the network where it is accessible to all authorised persons and backed up - i.e. in approved Departmental systems and media. Corporate data is not to be permanently stored elsewhere.
j. Security - Reporting Information Security Events Policy - Breaches of this Policy are dealt with under the Public Sector Management Act 1994
Examples of Security Issues that should be Reported
Information-related Events
- Breaches of confidentiality. Loss or disclosure of confidential information
- Information that should not be released to a wider audience (for example the public)
- Unintended Sensitive Information Disclosures
- Documents that are tagged in OurDocs as 'For Departmental Use Only' being sent to external public recipients
k. Conflict of Interest and Confidentiality Declaration for Consultants / Contractors
Whilst working within DMP under the Contract the Consultant agrees to observe and be bound by the obligations set out in this declaration:-
i. Confidentiality
(a) The Consultant agrees that during the course of the Contract he or she may become acquainted with or have access to Confidential Information. The Consultant during and after the term of the Contract must maintain the Confidential Information and prevent its unauthorised disclosure to or use by any other person, firm or company, unless prior written authorisation is obtained from DMP.
ii. Confidential Information includes, but is not limited to:
(b) information obtained by the Consultant in the course of duty that pertains to business or commercial information of either DMP or provided to it by third parties in the course of DMP undertaking its activities. This could include information about customer requirements and details of a business entity's current negotiations; and
(c) government secrets.
iii. The Consultant agrees that he or she must not:
(d) use the Confidential Information for any purpose other than for the benefit of DMP during the term of the Contract;
(e) remove the Confidential Information from the offices of DMP without the written consent of DMP; and
(f) for whatever reason, either for itself or any third party, appropriate, copy, memorise or in any manner reproduce any of the Confidential Information.
iv. The Consultant agrees to return any or all of the Confidential Information in whatever form, on the request of DMP.
v. The Consultant agrees that it must not, both during the course of the Contract and after it's expiry, for whatever reason, make improper use of the Confidential Information acquired by virtue of the Contract, to gain directly or indirectly, an advantage for itself or for any other person or to cause detriment to DMP.
vi. Nothing in this declaration imposes an obligation on the Consultant with respect to maintaining confidence regarding information which is generally known or available by publication, commercial use or otherwise than as a result of a breach by the Consultant of its obligation of confidence.
vii. Return of Documentation
(a) Upon the expiry of the Contract, for any reason, the Consultant must leave with DMP all records, books, note books and other documentation and things pertaining to DMP including Confidential Information, whether prepared by the Consultant or any other person, and any equipment tools or devices owned by DMP then in the possession of the Consultant.
(9) Not applicable
(10) [See tabled paper no]
(11) Not applicable
(12) The public of Western Australia can have every confidence that DMP has taken all reasonable precautions to ensure the integrity and security of information held on Departmental files and within electronic systems.
DMP, through its systems and processes, ensures that staff and contractors are informed of their responsibilities and obligations and the penalties that may be applied in the event of breaching the Code of Conduct.
An independent review of DMP's information management practices commissioned by DMP in 2008 concluded that the controls DMP has in place to manage confidentiality of information are adequate, however DMP is committed to continuous improvement of its information management practices and meeting best practice guidelines and is currently reviewing and implementing improvements in data loss prevention strategies as technologies mature.
Further evidence of DMP's commitment to information availability and integrity is the fact that the Petroleum and Mineral Titles Divisions have been accredited and certified under Australian Standard ISO 9001:2008 for their Quality Management System (QMS) showing that they meet statutory and regulatory requirements by following set procedures to ensure consistency in customer service as part of the Divisions' certification.
(13) Not applicable
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
- All Records rooms are locked at night and when staff are not present during the day and require swipe card access;
- An audit Log of actions on the OurDocs document management system so that access to any documents can be tracked;
- A document release classification has been applied to emails as a warning message, such that if a "department use only" document is attached to an email sent from DMP the employee is made aware;
- Regular reminders to users of the information security features available on OurDocs, such as saving emails into OurDocs, security status and the availability of guidelines;
- A clear desk policy for all meetings so that documents can be accounted for;
- DMP has a register of Contact with Lobbyists and staff are required to report on all contacts. This is reported to the Corporate Executive on a monthly basis. This requirement serves as a reminder to staff of their obligations and to seriously consider what information may be legally provided; and
- A National Police Clearance is conducted as part of the recruitment process for identified positions.
In addition to the above, Workplace Conduct and Awareness training has been revised three times to ensure relevance of information and applicability to the agency. Workplace Conduct and Awareness training complies with the Premier's Circular 2008/06 relating to accountable and ethical decision making in the Western Australian Public Sector.
(2) Not applicable
(3) All employees attend mandatory Workplace Conduct and Awareness Training under which this requirement was covered, as outlined in the response to question 1.
(4) Not applicable
(5) Workplace Conduct and Awareness training sessions, under which the release of confidential information is covered, were initiated immediately after the incident was identified and have continued since the press release in 2008.
These sessions are facilitated by external consultants with a DMP representative in each session to ensure that if any DMP specific questions are raised they can be responded to immediately.
This training is undertaken as part of DMP's new employee induction process, and as refresher training for all staff. Sessions were conducted on the following dates and at regular intervals thereafter:
a.10 October 2008;
b.17 October 2008;
c. 30 October 2008;
d.31 October 2008.
6.
a.Mining
Regulations 1981
113. Employees not to use information
A person employed by the Department in any capacity who uses for the purpose of personal gain any information that comes to his knowledge in the course of, or by reason of, his employment with the Department commits an offence.
96. Release of mining information
(1) In this regulation --
combined mineral exploration report
means a combined mineral exploration report filed in accordance with arrangements referred to in section 115A(4);
mineral exploration report
includes a combined mineral exploration report;
mining information
means --
(a) information contained in --
(i) a mineral exploration report;
(ii) an operations report;
(iii) a report required under regulation 36(d) or 41(d); or
(iv) a production report furnished under regulation 85A(1) or (2), irrespective of when the report was filed, furnished or otherwise given; and
(b) any other information relating to mining supplied to the Minister, a warden or an official of the Department under the Act irrespective of when the information was supplied,
but does not include such information if it is in the form of mining statistics compiled under regulation 95A;
operations
report has the same meaning as in section 115A(1);
release
means publish, print, reproduce or otherwise make available to the public.
(2) The Minister may only release mining information --
(a) with the written consent of the holder for the time being of the mining tenement the subject of the information or of a mining tenement granted in renewal or substitution of that mining tenement;
(b) after the expiry of the period of 3 months immediately following the surrender, forfeiture, expiry or cancellation of the mining tenement the subject of the information or of a mining tenement granted in renewal or substitution of that mining tenement;
(c) in accordance with subregulation (4); or
(d) in the case of a combined mineral exploration report, in accordance with subregulation (7).
(3) Despite subregulation (2), a person may, on payment of the prescribed fee, obtain at the Department at Perth a copy of the front page of an operations report in the form of Form 5, together with either Attachment 1 --
"Summary of Mineral Exploration/Mining Activities"
or Attachment 2 --
"Summary of Prospecting and/or Small Scale Mining Activities"
, as the case may be.
(4) Subject to subregulation (5), the Minister may release mining information that has been held at the Department for a period of 5 years or more.
(4a) Subregulation (4) does not apply to mining information that consists of information as to sales value contained in a production report furnished under regulation 85A(1).
(5) The Minister may, upon the written application of the holder of a mining tenement the subject of mining information to which subregulation (4) applies or of a mining tenement granted in renewal of or substitution for such a mining tenement, refuse to release the information for a further period or further periods not exceeding 5 years in each case.
(6) An application under subregulation (5) shall set out the reasons why the mining information should not be released immediately.
(7) If --
(a) a mining tenement, or part of a mining tenement, the subject of information in a combined mineral exploration report is surrendered, forfeited or expires or is cancelled; and
(b) the former holder of that mining tenement or that part of the mining tenement fails to provide a separate mineral exploration report in respect of the mining tenement or part of the mining tenement within the period of 3 months immediately following its surrender, forfeiture, expiry or cancellation, the Minister may, at the expiry of the period referred to in paragraph (b), release information relating to any mining tenement contained in the combined mineral exploration report.
[Regulation 96 inserted in Gazette 13 Oct 1995 p. 4819-20; amended in Gazette 11 Jun 1999 p. 2544; 3 Feb 2006 p. 597-9; 15 Jan 2010 p. 112.]
120S. Confidentiality of information
(1) The Director may, at the request of an owner of negatives of aerial photography or a contractor, classify information referred to in regulation 120Q(d), (e) or (f) that relates to particular aerial photography as confidential for a period not exceeding 5 years from the date on which the aerial photography concerned was undertaken.
(2) Despite regulation 120R(3) and (4), information that is classified as confidential under subregulation (1) shall not be made available to the public during the period that it is so classified.
[Regulation 120S inserted in Gazette 13 Oct 1995 p. 4822.]
(b) Mine Safety and Inspection Act Section 26 'Use and misuse of information by inspectors and assistant inspectors' Breaches of this Act are dealt with under the DMP Code of Conduct
(1) A person who is, or formerly was, an inspector, an assistant inspector or a person assisting such an inspector must not --
(a) use for the gain of any person confidential knowledge or confidential information obtained by that person in the course of or as a result of that person's employment as an inspector or assistant inspector or as a result of that person assisting such an inspector (as the case requires); or
(b) except in the proper performance of a function under this Act, intentionally or negligently disclose to any person information of a commercial nature concerning a mine or mining operations or information that is detrimental to or likely to be detrimental to the mining operations.
(2) A person who is, or was formerly, an inspector, an assistant inspector or a person assisting such an inspector must not disclose to any person a report prepared by an inspector or assistant inspector, including information in the report supplied under the Act from an employer or other person, concerning an accident at a mine which either resulted in death or injury to any person or had the potential to cause fatal or serious disabling injury to any person, unless the disclosure is made --
(a) under or in connection with the administration of this Act; or
(b) to a court in accordance with a subpoena issued by the court; or
(c) in accordance with a requirement of some other Act.
(3) A person who contravenes subsection (1) or (2) commits an offence and is liable to a fine of $10 000.
(4) Notwithstanding subsections (1) and (2), an inspector, an assistant inspector or a person assisting such an inspector may --
(a) with the approval of the State mining engineer, disclose to a coroner a report of an investigation into a fatal accident occurring at a mine; and
(b) provide a coroner with information that the inspector or assistant inspector has grounds to believe to be accurate which appears likely to assist the coroner's investigation of a fatal accident at a mine.
(5) In this section,
inspector
includes a workmen's inspector.
[Section 26 amended by No. 24 of 2000 s. 25.]
(c) Criminal Code Section 81 Disclosing official secrets
(1) In this section --
disclosure
includes --
(a) any publication or communication; and
(b) in relation to information in a record, parting with possession of the record;
government contractor
means a person who is not employed in the Public Service but who provides, or is employed in the provision of, goods or services for the purposes of --
(a) the State of Western Australia; or
(b) the Public Service; or
(c) the Police Force of Western Australia;
information
includes false information, opinions and reports of conversations;
official information
means information, whether in a record or not, that comes to the knowledge of, or into the possession of, a person because the person is a public servant or government contractor;
public servant
means a person employed in the Public Service;
unauthorised disclosure
means --
(a) the disclosure by a person who is a public servant or government contractor of official information in circumstances where the person is under a duty not to make the disclosure; or
(b) the disclosure by a person who has been a public servant or government contractor of official information in circumstances where, were the person still a public servant or government contractor, the person would be under a duty not to make the disclosure.
(2) A person who, without lawful authority, makes an unauthorised disclosure is guilty of a crime and is liable to imprisonment for 3 years.
Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.
[Section 81 inserted by No. 4 of 2004 s. 59; amended by No. 70 of 2004 s. 35(1).]
d. Public Sector Management Act 1994 Section 86 Procedure when charge of breach of discipline brought
(3) Subject to section 89, if a respondent admits a charge under subsection (2) and the employing authority finds the charge to be proved, the employing authority --
(a) shall, if the charge is a charge of committing a breach of discipline consisting of disobedience to, or disregard of, Public Sector Management Act 1994 Part 5 Substandard performance and disciplinary matters a lawful order referred to in section 94(4), dismiss the respondent; or
(b) may --
(i) reprimand the respondent;
(ii) transfer the respondent to another public sector body with the consent of the employing authority of that public sector body or, if the respondent is an employee other than a chief executive officer or chief employee, transfer him or her to another office, post or position in the public sector body in which he or she is currently employed;
(iii) impose on the respondent a fine not exceeding an amount equal to the amount of remuneration received by the respondent in respect of the period of 5 days during which he or she was at work as an employee immediately before the day on which the finding of a breach of discipline was made;
(iv) reduce the monetary remuneration of the respondent;
(v) reduce the level of classification of the respondent; or
(vi) dismiss the respondent, or, except when the respondent is dismissed under subparagraph (vi), take action under any 2 or more of the subparagraphs of this paragraph.
e. Public Sector Commission Administrative Instruction 711 - Official Information - Breaches of this Instruction are dealt with under the DMP Code of Conduct
An officer shall not, except in the course of the officer's official duty and with the express permission of the chief executive officer:
(1)(a) Give to any person any information relating to the business of the Public Service or other Crown business that has been furnished to the officer or obtained by the officer in the course of his/her official duty as an officer.
(b) Disclose the contents of any official papers or documents that have been supplied to the officer or seen by the officer in the course of his/her official duty as an officer or otherwise.
(c) Disclose the contents of any Advertised Vacancy file that has been supplied to the officer or seen by the officer in the course of his/her official duty as an officer or otherwise.
Not applicable
f. Code of Conduct - Breaches of the Code of Conduct are dealt with under the Public Sector Management Act 1994
(i) Expected Conduct in the Department
Performance of Duties
As an employee of the Department, you are required to:
- Act with integrity in the performance of official duties and to be scrupulous in the use of official information and facilities.
- Exercise proper courtesy, consideration and sensitivity in your dealings with members of the public, clients of the Department and employees.
- Comply with the provisions of legislation including those governing behaviour, code of ethics, code of conduct and standards for public officers.
These general principles are found in the Public Sector Management Act and are to be observed by all public sector bodies and their employees.
Supervisors are obliged to ensure that instructions given to employees are ethical and reasonable. Department employees are expected to promptly and efficiently carry out all duties pertaining to their position or any other duty that they are lawfully directed to perform.
Confidentiality/Release of Official Information
Section 81 of the Criminal Code Act makes it illegal for a public official to disclose confidential information, and prohibits employees of the public service from publishing or communicating any fact or document that came to their knowledge or possession by virtue of their office and which it is their duty to keep confidential.
g.Confidentiality and Release of Official Information Policy - Breaches of this Policy are dealt with under the Public Sector Management Act 1994
(i) In the course of your official duties, you may have access to confidential information. This information must only be used in the course of official duties or for another lawful purpose, for example, under the requirements of the Freedom of Information Act 1992.
(ii) You must not make improper use of the confidential information to gain directly or indirectly, an advantage for yourself or for any other person or to cause detriment to the Department or 3rd parties.
(iii) You are prohibited from publishing or communicating any fact or documents that came to your knowledge or possession by virtue of your office and which it is your duty to keep confidential. Publicly available information that is published on the Department's internet or classified "For Public Release" in the corporate document management system is exempt from this requirement.
h. Personal Files Policy
Policy statement
A personal file will be created for you so that your relevant personal and personnel information can be stored. Your personal file will be kept and managed in a way that ensures strict confidentiality.
Policy principles
- All personal files are stored in Human Resources Branch.
- Access to your personal file may be granted to your line managers or an authorised external organisation, following the approval of the General Manager Human Resources.
- The contents of a personal file are not to be removed unless with the specific approval of the Director General or delegated officer and only when an audit trail has been provided identifying the basis for removal. Generally, this only includes matters that are demonstrably unjust and factually incorrect.
- You may view the contents of your personal file provided this is in a manner consistent with Department process developed for this purpose. This also extends to ex-employees
i. E-mail, Intranet and Internet Code of Practice - Breaches of the Code are dealt with under the Public Sector Management Act 1994
i. Information Security
(a) Acceptable Use of the DMP's ICT Facilities ensures information is kept secure. Officers and contractors are expected to treat all Departmental information, whether paper-based or electronic, as confidential
(b) Compliance: All DMP officers and contractors are required to comply with Departmental policy and are bound by law to observe applicable statutory legislation relating to personal data, company data, public records, copyright and other forms of intellectual property and misuse of information and facilities.
(c) All DMP officers and contractors are required to report suspected Acceptable Use policy violations to the DMP IT Service Desk.
(d) All contractors engaged in work on DMP ICT IT facilities and infrastructure must be contracted in writing for the work, through which they must agree to be bound by this Policy, agree to maintain confidentiality, and to handover Department owned documentation on completion of their contracts.
(e) Breaches of this Policy may result in restriction of access to systems, Intranet, Internet and/or email services and/or may lead to disciplinary action. Any suspected criminal activity will be reported to the relevant authorities.
ii. Officers and contractors are responsible for:
- not disclosing any information to which they have access and that they do not have lawful ownership, authority, or permission to disclose, including personal information to external organisations or the general public.
- not using Department information for non-Department related purposes;
- accessing only accounts, files, and data that are their own, that are publicly available, or to which they have been given authorised access;
- being accountable for authorising or allowing access to information they create on behalf of the Department;
- maintaining the confidentiality and privacy of information classified or known by the user as private or confidential and keeping such information in their possession secure;
- ensuring computer workstations are left secure when not in use by signing-off and/or securing them against unauthorised use;
- maintaining security and confidentiality of userIDs, tokens and passwords and not permitting use of them by others;
r- eporting to their supervisor any suspected unauthorised access by others to the network using their userID, token and/or password;
- ensuring that all corporate information is correctly stored on the network where it is accessible to all authorised persons and backed up - i.e. in approved Departmental systems and media. Corporate data is not to be permanently stored elsewhere.
j. Security - Reporting Information Security Events Policy - Breaches of this Policy are dealt with under the Public Sector Management Act 1994
Examples of Security Issues that should be Reported
Information-related Events
- Breaches of confidentiality. Loss or disclosure of confidential information
- Information that should not be released to a wider audience (for example the public)
- Unintended Sensitive Information Disclosures
- Documents that are tagged in OurDocs as 'For Departmental Use Only' being sent to external public recipients
k. Conflict of Interest and Confidentiality Declaration for Consultants / Contractors
Whilst working within DMP under the Contract the Consultant agrees to observe and be bound by the obligations set out in this declaration:-
i. Confidentiality
(a) The Consultant agrees that during the course of the Contract he or she may become acquainted with or have access to Confidential Information. The Consultant during and after the term of the Contract must maintain the Confidential Information and prevent its unauthorised disclosure to or use by any other person, firm or company, unless prior written authorisation is obtained from DMP.
ii. Confidential Information includes, but is not limited to:
(b) information obtained by the Consultant in the course of duty that pertains to business or commercial information of either DMP or provided to it by third parties in the course of DMP undertaking its activities. This could include information about customer requirements and details of a business entity's current negotiations; and
(c) government secrets.
iii. The Consultant agrees that he or she must not:
(d) use the Confidential Information for any purpose other than for the benefit of DMP during the term of the Contract;
(e) remove the Confidential Information from the offices of DMP without the written consent of DMP; and
(f) for whatever reason, either for itself or any third party, appropriate, copy, memorise or in any manner reproduce any of the Confidential Information.
iv. The Consultant agrees to return any or all of the Confidential Information in whatever form, on the request of DMP.
v. The Consultant agrees that it must not, both during the course of the Contract and after it's expiry, for whatever reason, make improper use of the Confidential Information acquired by virtue of the Contract, to gain directly or indirectly, an advantage for itself or for any other person or to cause detriment to DMP.
vi. Nothing in this declaration imposes an obligation on the Consultant with respect to maintaining confidence regarding information which is generally known or available by publication, commercial use or otherwise than as a result of a breach by the Consultant of its obligation of confidence.
vii. Return of Documentation
(a) Upon the expiry of the Contract, for any reason, the Consultant must leave with DMP all records, books, note books and other documentation and things pertaining to DMP including Confidential Information, whether prepared by the Consultant or any other person, and any equipment tools or devices owned by DMP then in the possession of the Consultant.
(9) Not applicable
(10) [See tabled paper no]
(11) Not applicable
(12) The public of Western Australia can have every confidence that DMP has taken all reasonable precautions to ensure the integrity and security of information held on Departmental files and within electronic systems.
DMP, through its systems and processes, ensures that staff and contractors are informed of their responsibilities and obligations and the penalties that may be applied in the event of breaching the Code of Conduct.
An independent review of DMP's information management practices commissioned by DMP in 2008 concluded that the controls DMP has in place to manage confidentiality of information are adequate, however DMP is committed to continuous improvement of its information management practices and meeting best practice guidelines and is currently reviewing and implementing improvements in data loss prevention strategies as technologies mature.
Further evidence of DMP's commitment to information availability and integrity is the fact that the Petroleum and Mineral Titles Divisions have been accredited and certified under Australian Standard ISO 9001:2008 for their Quality Management System (QMS) showing that they meet statutory and regulatory requirements by following set procedures to ensure consistency in customer service as part of the Divisions' certification.
(13) Not applicable
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.