myGov Code Generator FOI hearing is this week!
The substantive hearing in my myGov Code Generator source code FOI case is happening this week! It will be held across three days from Wednesday 2 to Friday 4 September, at the Melbourne registry of the Administrative Review Tribunal. It is an open hearing—anyone interested can attend in person. However, there will be a closed session, most likely on Wednesday afternoon or Thursday morning.
ISJA proceedings must be heard by the President, a Deputy President, or 3 members, at least one of whom is the President or a Deputy President. We will have 3 members. We don’t know whom yet, but I’m happy with this outcome.
The listing notice (dated 2026-08-10) is available in my case file archive. Here’s the important info:
- Date: Wednesday, 2 September 2026 to Friday, 4 September 2026
- Time: 10:00AM AEST (each day)
- Location: Level 4, 15 William Street, MELBOURNE VIC 3000
The jointly submitted witness schedule is:
- Wednesday AM: Opening statements; Examination Mr Garrett McDonald, General Manager Cyber Security for Services Australia
- Wednesday PM: Closed session
- Thursday AM: Examination Dr Vanessa Teague
- Thursday PM: Examination Dr Peter Serwylo; Examination Fraser Tweedale
- Friday AM: Fraser Tweedale cont’d (if required); closing submissions
Note that this timeline is subject to change. In particular, we think it likely that the closed session will not happen on Wednesday.
How am I feeling about it? §
Excited, nervous, and relieved to finally be reaching this stage, after several delays due to the ISJA and confidentiality order applications. We are looking forward to cross-examining the Respondent’s witness, and pondering what approach they will take in cross-examining Vanessa, Peter and me.
Is impossible to know the probability of success. Thanks to the confidentiality orders, there are many details of Services Australia’s case that we just don’t know.
What I do know is that we have brought the strongest possible case. I have always felt that this is a winnable case. Thanks to Jason’s expertise and hard work, and on the evidence that we do have, this is now more than a feeling. We could totally win this!
After the hearing §
Because of the technical nature of this matter, we (jointly with Respondent) might seek to make written (rather than oral) closing submissions, to be filed after the hearing.
I will be able to (and shall) publish almost all (open) evidence and submissions related to the case at the conclusion of the hearing.
Either way, it is likely to be some time (weeks) between the hearing and the Tribunal handing down its decision. For now, the focus is on preparing for and doing the hearing.
Thanks to my supporters §
Many people have backed me through crowdfunding (or direct donations), media, words of support and spreading or amplifying the message. I am so grateful to each and every one of you!
In a recent development, I applied for and was awarded a $5,000 grant from Linux Australia to help with the costs of this litigation. This assistance is hugely appreciated! Heartfelt thanks to the Linux Australia Council and membership for your financial support and words of encouragement.
For anyone who wants to contribute: my Chuffed campaign is still
running (link on this page), or you can use PayID
support@openmygov.au to make a fee-free transfer to my fundraising
account.
Finally, anyone in Melbourne this week is welcome to show their support by attending the hearing. I hope to meet some of you there!
—Fraser
