The Department of Planning has upgraded its recording keeping practices after breaching the State Records Act during its discussions with mining giant Glencore.
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The NSW State Archives and Records Authority investigated the department following a complaint from the NSW Envrionmental Defenders Office regarding telephone conversations about the exhibition of Glencore's Mod 4 open cut mining project near Singleton in 2018.
A GIPA application from a Hunter resident proved there was no record of telephone conversations between department and Glencore, which Glencore said had provided guidance about how to handle the public exhibition process.
When challenged, the department conceded it had provided the advice.
"In accordance with the department's applicable policy ("Engaging with Lobbyists and Business Contacts Procedure", November 2017) officers are required to keep records of all significant meetings. A record of the department's phone conversation with Glencore on October 19 was not considered a significant meeting because the department simply provided advice on a routine process. I support that decision," Howard Reed, former director of resource assessments said.
The records authority's investigation confirmed there was no record of the October 19 conversation.
"NSW State Archives and Records has determined that this is a breach of section 12(1) of the State Records Act 1998 and minimum compliance requirement 3.1 of the standard on records management," manger of government recordkeeping Andrew Pickles wrote.
A Department of Planning, Industry and Environment spokeswoman said the department was implementing the authority's recommendations for improved record keeping.
"This matter relates to an exchange of information about an exhibition process that did not involve decision making or submissions from Glencore," she said.
"The records authority, in reviewing the matter, made an assessment that records of such telephone conversations should be made, and that the record keeping policies of the department should be reviewed and strengthened.
"The department has considered these findings and is currently undertaking a comprehensive review and update of its records policy and management approach. We have also appointed a director of records policy and compliance to further bolster our capability."
The Environmental Defenders Office said it believed other conversations had occurred, which had not been documented.
"The exact number of undocumented telephone calls... that have been held to date is unknown. As a government body, the failure of the department to maintain appropriate records compromises the public's ability to understand the decision-making processes surrounding major development proposals, and to monitor the conduct of the department in its private interactions with proponents," the EDO said.
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