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CMN228 > Session 8 > Flashcards

Session 8 Flashcards

1
Q

What does freedom of information refer to?

A

It refers to access to government held information.

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2
Q

What do freedom of information do to laws?

A

They make laws held by the government available to a person.

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3
Q

What level does freedom of information occur at?

A

State and federal level.

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4
Q

Why should information be open?

A

To ensure complete transparency.

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5
Q

The Australian Government agencies hold a range of personal information about individuals. What does this include?

A

Tax records, medical records, records relating to benefits paid by Centrelink/Dept of Veterans’ Affairs, migration and/or passport records.

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6
Q

Can an individual (theoretically) access anything that is publicly owned?

A

Yes.

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7
Q

How can individuals gain access to information released in response to freedom of information requests?

A

Through online disclosure logs.

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8
Q

Who is required to maintain online disclosure logs?

A

Government agencies and ministers.

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9
Q

What does the Freedom of Information Act provide a right of access to?

A

Documents held by Australian Government ministers and most agencies.

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10
Q

What do most freedom of information requests involve?

A

People seeking access to documents containing their personal information.

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11
Q

What kind of information does the Freedom of Information Act only apply to?

A

Information held in the form of a document.

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12
Q

Are ministers/agencies required to create a new document that contains the information sought?

A

No.

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13
Q

What is an example of the right to information process and disclosure logs?

A

Queensland Police.

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14
Q

What is freedom of information called in Queensland?

A

Right to information.

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15
Q

What is the first step for making a freedom of information request?

A

Put the request in writing (an email counts as writing)

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16
Q

Does an email count as putting a freedom of information request in writing?

A

Yes.

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17
Q

What is the second step for making a freedom of information request?

A

State that it is an application under the Freedom of Information Act.

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18
Q

What is the third step in making a freedom of information request?

A

Describe the document/documents sought.

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19
Q

What is the fourth step in making a freedom of information request?

A

Provide a return address (including an email address).

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20
Q

What is the fifth step in making a freedom of information request?

A

Send the request to a minister or agency.

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21
Q

How can you send a request for freedom of information to a minister or agency?

A

Post, personal delivery or electronically.

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22
Q

Does a person making a freedom of information request need to state why the wish to have the information?

A

No. .

However, there may be charges for processing a request for other types of information.

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23
Q

Are there application fees for making a freedom of information request?

A

No.

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24
Q

Are there fees for making a freedom of information request?

A

No.

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25
Q

Can there be charges for processing a freedom of information request for other types of information?

A

Yes.

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26
Q

What laws affect certain elements of privacy?

A

Federal Privacy Act, Telecommunication Act 1979, Health Services Act 1991 and Invasion of Privacy Act.

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27
Q

What does the Federal Privacy Act cover?

A

Personal info held by a Commonwealth government agency & most private sector companies/organisations.

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28
Q

What does the Telecommunications Act cover?

A

Information held by telecommunications companies. This may be individual’s bills.

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29
Q

What does the Invasion of Privacy Act 1971 and Telecommunications (Interception) Act?

A

Monitoring (listening in to)/recording of telephone conversations.

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30
Q

What does the Health Services Act cover?

A

Medical records held by Queensland Health.

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31
Q

Does Australian law generally protect the right to personal privacy?

A

No.

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32
Q

Does Australian law generally protect the right to personal privacy through legislation?

A

No.

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33
Q

Does Australian law generally protect the right to personal privacy through common law?

A

No.

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34
Q

Do some Australian cases recognise a common law right of action for a breach of an individual’s implied right to privacy?

A

Yes.

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35
Q

How often does the media invade people’s privacy?

A

Quite regularly in the coverage of news of public interest.

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36
Q

When does the media invade people’s privacy?

A

In the coverage of news of public interest.

37
Q

What has assisted there being consequences for media invading privacy?

A

Social media.

38
Q

Does the media have more social backlash if they invade privacy after a tragedy?

A

Yes.

39
Q

What is the relationship like between news and entertainment?

A

Blurring.

40
Q

Has technology increased the ability to invade personal privacy?

A

Yes.

41
Q

Can technology push the boundaries on what is acceptable in terms of privacy?

A

Yes.

42
Q

What does the Invasion of Privacy Act prohibit?

A

The recording private conversations with a listening device by someone who is not a party to the conversation.

43
Q

What act prohibits the recording of someone who is not a party to a conversation?

A

Invasion of Privacy Act.

44
Q

What is the exception for being able to record a conversation they are not a party to?

A

If the person obtains permission from all parties to the conversation.

45
Q

In Queensland, is it illegal to wire yourself for an interview?

A

No.

46
Q

In Queensland, is it illegal to use a hidden camera if you are a party to a conversation?

A

No.

47
Q

In Queensland, is it illegal to use a recorder if you a party to a conversation?

A

No.

48
Q

Does the Invasion of Privacy Act make it illegal to publish information from the recording without consent if the conversation was in private?

A

Yes, but there is a few exceptions.

49
Q

What is a private conversation?

A

Words spoken by one person to another person in circumstances that indicate that those persons desire the words to be heard or listened to only by themselves … but does not include words spoken by one person to another person in circumstances in which either of those persons ought reasonably to expect the words may be overheard, recorded, monitored or listened to by some other person who has the consent, express or implied, of either of those persons to do so.

50
Q

If a person is being interviewed by a writer, can they expect their words to be heard or listened to by only themselves?

A

No.

51
Q

If a person is speaking to a writer, are they engaging in a private conversation?

A

No.

52
Q

When is there not implied consent for a writer to publish a conversation?

A

When it was off the record.

53
Q

When can private conversations be relayed to others?

A

If it is reasonably necessary in the public interest or the duty of the person making the communication or publication.

54
Q

What laws make it illegal to attach a device (such as a microphone) to a telephone/any part of the telephone network?

A

Federal telecommunications laws.

55
Q

Do the laws about attaching a microphone to a telephone apply if you attach a microphone to a person participating in a telephone conversation?

A

No.

56
Q

Can a person be prosecuted for trespass if they place a listening device on a person’s land?

A

Yes.

57
Q

Can a person be prosecuted if they place a listening device in a person’s premise?

A

Yes.

58
Q

Is it illegal to plant a hidden camera without consent?

A

No.

59
Q

Is the a general right to your own image?

A

No.

60
Q

Is there generally anything stopping people taking your photo in a public space?

A

No.

61
Q

Are there restrictions for taking photos of people on public property?

A

No.

62
Q

Are there restrictions from photographing people from the air?

A

No.

63
Q

Are the general legal restrictions on taking photographs in public places?

A

No.

64
Q

Are there general legal restrictions on making videotapes in public?

A

No.

65
Q

Is there a general privacy principle to restrict video coverage of a person or event?

A

No.

66
Q

Can the media record or cover events occurring on private property?

A

Yes.

67
Q

Does the media need events to cover events occurring on private property?

A

No.

68
Q

Is it illegal to film someone?

A

No, as long as the camera is not hidden and the person using it has not trespassed.

69
Q

Do the same rules about filming someone apply to sound recording somebody?

A

Yes.

70
Q

Do trespass laws apply to taking photographs/filming people on their own land?

A

No, provided that the person and camera is outside the person’s land.

71
Q

Is it an offence to take aerial photographs?

A

No (but it may be a nuisance).

72
Q

What case upheld the right to record and cover events from outside a property?

A

Victoria Park Racing and Recreation Ground v Taylor.

73
Q

Under common law, is it legal to enter a property by an obvious route and go to the front door?

A

Yes.

74
Q

Under the common law, what does the presence of a gate or pathway indicate?

A

An implied invitation to enter.

75
Q

Is there an implied invitation to enter a shopping centre or shop if the door is open or there is an open or enter sign?

A

Yes.

76
Q

What is an example of a media organisation having to pay damages for trespass?

A

Nine network having to pay 310,000 damages after refusing to leave a builder’s home (after being told to go).

77
Q

Can a person whose land has been trespassed on sue for damages?

A

Yes.

78
Q

Why is trespass a tort?

A

It is a tort because people have a duty of care not to trespass.

79
Q

Why can people who have their land trespassed on sue for trespass?

A

This is because trespass is a tort.

80
Q

In Queensland, what act covers trespass?

A

Summary Offences Act 2005.

81
Q

How does the summary offences act make trespass illegal?

A

It makes it illegal to unlawfully enter, or remain in, a dwelling or the yard for a dwelling or enter, or remain in, a place used as a yard for, or a place used for, a business purpose

82
Q

What is the penalty for trespass under the summary offences act 2005?

A

A fine or up to a year in jail.

83
Q

What are nuisance laws designed to protect?

A

A person’s use and enjoyment of their property.

84
Q

What interference can nuisance include?

A

Fumes, smell and noise.

85
Q

What must nuisance be to be classified as nuisance?

A

A real distraction from the rights of enjoyment of the occupier.

86
Q

Is being a public nuisance a criminal offence?

A

Being a public nuisance is a criminal offence.

Public nuisance provisions of the Summary Offences Act targets behaviour such as:

87
Q

Why is being a public nuisance a criminal offence?

A

To ensure that members of the public can lawfully use and pass through public spaces without interference from acts of nuisance committed by others.

88
Q

What legislation covers public nuisance?

A

Summary Offences Act.

89
Q

What are examples of behaviour targeted under public nuisance in the summary offences act?

A

Use of offensive language in some public placesencouraging others to participate in a fight
running over car roof-­tops, engaging in sexual acts infering with someone else’s food

CMN228 (11 decks)

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