David Yalpi
From:
D Section 47F
>
Sent:
Monday, 17 January 2022 10:08 PM
To:
FOI requests at CO
Subject:
[External] Freedom of Information request - Access to operational or administrative documents
Dear Commonwealth Ombudsman,
This is a request under the Freedom of Information Act 1982.
Other than the Work Practice Manual for complaint management (January 2019) or the Agency Guide to the PID Act
(Version 2), I request access to any operational or administrative documents that set out how approaches about
inadequately investigated internal disclosures under the Public Interest Disclosure Act 2013 are handled by the Office of
the Commonwealth Ombudsman.
Please provide the relevant document or documents by return email.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
Section 47F
Is xxxxxxxxx@xxxxxxxxx.xxx.xx the wrong address for Freedom of Information requests to Commonwealth
Ombudsman? If so, please contact us using this form:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fchange_request%2
Fnew%3Fbody%3Dco&data=04%7C01%7Combudsman%40ombudsman.gov.au%7C1db12e0fce044e9d8a2b08d9d9
a9aa59%7C443ee9e811ff4c829e4139331045260a%7C0%7C1%7C637780145003142723%7CUnknown%7CTWFpbGZsb3
d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=zgkVUPPSP64gjI
OboY7VLCaet3HndXQYEVFvf1LnhUE%3D&reserved=0
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published on the internet. More information on how Right to Know works can be found at:
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mp;data=04%7C01%7Combudsman%40ombudsman.gov.au%7C1db12e0fce044e9d8a2b08d9d9a9aa59%7C443ee9e811
ff4c829e4139331045260a%7C0%7C1%7C637780145003142723%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwM
DAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=d3KTg5iumjn3YXwNi6N61NPO%2BGCS3s
wKET5SnBgJOoU%3D&reserved=0
Please note that in some cases publication of requests and responses will be delayed.
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‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Caution: This email originated from outside of the organisation. Do not click links or open attachments unless you
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1
2
David Yalpi
From:
D <Section 47F
Sent:
Thursday, 17 February 2022 11:08 PM
To:
FOI requests at CO
Subject:
[External] Freedom of Information request - Contract and tender notices
Dear Commonwealth Ombudsman,
This is a request for documents. You are welcome to grant access to the documents pursuant to an administrative
release. Otherwise, this request for documents should be construed as a request for documents under the FOI Act.
Documents may be provided in digital format (e.g. .pdf, .doc, .docx, and other generally accessible formats) by return
email.
Background
I refer to an FOI decision made by Gregory Parkhurst, Senior Legal Officer in the Office of the Commonwealth
Ombudsman, on 14 February 2022. The reference number for the decision is FOI‐2022‐10013. The decision letter is
accessible at
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Frequest%2Faccess_
to_operational_or_adminis%23incoming‐
24117&data=04%7C01%7Combudsman%40ombudsman.gov.au%7C4f7f274e15904f80371b08d9f20e2720%7C443
ee9e811ff4c829e4139331045260a%7C0%7C1%7C637806964879761880%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4
wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=loLUR6OCxYQOkWlIDdNg3FVfl%
2BgiNSXEGNxDc01C%2F74%3D&reserved=0.
In his reasons for decision, Mr Parkhurst refers to “the relevant provider of information technology products and
services”. This provider of products and services was responsible for designing a “computer system … for the purpose of
managing complaint and investigation work performed by the Commonwealth Ombudsman”. Mr Parkhurst claims that
the “relevant provider of information technology products and services has expended considerable resources and time
to develop its product.”
Presumably the effort that the “relevant provider of information technology products and services” went to was in
response to a procurement request on the part of the Office of the Commonwealth Ombudsman.
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Request
A level of documentation commensurate with the scale, scope and risk of the procurement must be maintained.
I request access to the following documents:
a) any and all contract notices prepared pursuant to procurement arrangements for the “computer system
[developed] … for the purpose of managing complaint and investigation work performed by the Commonwealth
Ombudsman”, including contract notifications prepared for publication on the AusTender website; and
b) any and all tender notices prepared pursuant to procurement arrangements for the “computer system
[developed] … for the purpose of managing complaint and investigation work performed by the Commonwealth
Ombudsman”, including tender notifications prepared for publication on the AusTender website; and
c) any and all approaches to market pursuant to procurement arrangements for the “computer system [developed] …
for the purpose of managing complaint and investigation work performed by the Commonwealth Ombudsman”; and
d) any purchase orders associated with the contract notice for the “computer system [developed] … for the purpose
of managing complaint and investigation work performed by the Commonwealth Ombudsman”; and
e) any invoices issued by the supplier in relation to the “computer system [developed] … for the purpose of managing
complaint and investigation work performed by the Commonwealth Ombudsman”; and
f) any and all “request documentation”, as that term is defined in the Commonwealth Procurement Rules, associated
with the “computer system [developed] … for the purpose of managing complaint and investigation work performed by
the Commonwealth Ombudsman”.
Yours faithfully,
D
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
Section 47F
2
4
Is xxxxxxxxx@xxxxxxxxx.xxx.xx the wrong address for Freedom of Information requests to Commonwealth
Ombudsman? If so, please contact us using this form:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fchange_request%2
Fnew%3Fbody%3Dco&data=04%7C01%7Combudsman%40ombudsman.gov.au%7C4f7f274e15904f80371b08d9f20
e2720%7C443ee9e811ff4c829e4139331045260a%7C0%7C1%7C637806964879761880%7CUnknown%7CTWFpbGZsb3d
8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=7s%2FaHktfkql0Z
dZfTUo1Ns1i4YQcJgTt3AqCfsXHDbU%3D&reserved=0
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fhelp%2Fofficers&a
mp;data=04%7C01%7Combudsman%40ombudsman.gov.au%7C4f7f274e15904f80371b08d9f20e2720%7C443ee9e811ff
4c829e4139331045260a%7C0%7C1%7C637806964879761880%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMD
AiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=xy09C95mnGH0EbMKpUNmd5QnxdF5xVe
2YSPw1tqn5js%3D&reserved=0
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI
page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Caution: This email originated from outside of the organisation. Do not click links or open attachments unless you
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5
Section 22
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Section 22
Under the FOI Act, but for access to the Agency Guide to the Public Interest Disclosure Act 2013 (version 2), I request
access to any and all documents held by the Office of the Commonwealth Ombudsman that set out:
a) how investigations of suspected offences (generally) are to be investigated internally (that is, in the Office of the
Commonwealth Ombudsman);
b) how investigations of contraventions of s 65 of the PID Act are to be investigated internally (that is, in the Office of
the Commonwealth Ombudsman);
c) how referrals to investigative bodies other than the Office of the Commonwealth Ombudsman are to be made if a
person is suspected of contravening s 65 of the PID Act; and
d) anything about the referral of suspected offences under s 65 of the PID Act are to made from an investigative body to
a prosecutorial body.
Yours faithfully,
Section 47F
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
Section 47F
Is xxxxxxxxx@xxxxxxxxx.xxx.xx the wrong address for Freedom of Information requests to Commonwealth
Ombudsman? If so, please contact us using this form:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fchange_request%2
Fnew%3Fbody%3Dco&data=04%7C01%7Combudsman%40ombudsman.gov.au%7Cf5ccf7dbaab8446e28a208da1a
11fd36%7C443ee9e811ff4c829e4139331045260a%7C0%7C1%7C637850961815387394%7CUnknown%7CTWFpbGZsb3
d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=jjq1l5LIZ4zbAU3
APCAUjpqzmR36BY2otczeTcexHBo%3D&reserved=0
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fhelp%2Fofficers&a
mp;data=04%7C01%7Combudsman%40ombudsman.gov.au%7Cf5ccf7dbaab8446e28a208da1a11fd36%7C443ee9e811ff
4c829e4139331045260a%7C0%7C1%7C637850961815387394%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMD
AiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=yX2AWJjOFWZ%2BjH8JTVxOHAp9g0Fz01s
aCzFcoPExsyo%3D&reserved=0
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI
page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Caution: This email originated from outside of the organisation. Do not click links or open attachments unless you
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David Yalpi
From:
Ray B1 <Section 47F
>
Sent:
Saturday, 12 March 2022 2:22 PM
To:
FOI requests at CO
Subject:
[External] Freedom of Information request - Classification of vacancies
Dear Commonwealth Ombudsman,
In an article published in the Australian on 9 February 2022 entitled “Federal Court boss warned on job rule sidestep”
the Federal Court’s Assistant People and Culture Director, Matt Asquith, admitted that the decision to classify registrars
into EL2 and SES1 bands is primarily based on two factors:
a) additional responsibilities undertaken; and
b) “[the] SES cap the Court has, and if the positions can fit within the cap.”
Pursuant to the FOI Act, I request access to any documents in the possession of the Office of the Commonwealth
Ombudsman that show that consideration of the number of capped SES positions in an agency should ever be a relevant
consideration when evaluating the classification for a group of duties to be performed in an Agency.
Pursuant to the FOI Act, I also request access to any documents in the possession of the Office of the Commonwealth
Ombudsman that show that a role is capable of being classified at more than one classification, depending on the
complexity of the group of duties to be performed, when one of the proposed classifications is Senior Executive Band 1.
Yours faithfully,
Ray B1
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
Section 47F
1
12
Is xxxxxxxxx@xxxxxxxxx.xxx.xx the wrong address for Freedom of Information requests to Commonwealth
Ombudsman? If so, please contact us using this form:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fchange_request%2
Fnew%3Fbody%3Dco&data=04%7C01%7Combudsman%40ombudsman.gov.au%7C7094a3c3388246535d1b08da0
3d78824%7C443ee9e811ff4c829e4139331045260a%7C0%7C1%7C637826521487202364%7CUnknown%7CTWFpbGZsb
3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=iqRnxVU3RI6F8
XN0ev841ll4r1cxuOPwQkJMu7VwIpc%3D&reserved=0
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fhelp%2Fofficers&a
mp;data=04%7C01%7Combudsman%40ombudsman.gov.au%7C7094a3c3388246535d1b08da03d78824%7C443ee9e81
1ff4c829e4139331045260a%7C0%7C1%7C637826521487202364%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAw
MDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=FKu29kcR6hQD2ChcWNMoMElFVQeg
O0hRgVlP51ha7AE%3D&reserved=0
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI
page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Caution: This email originated from outside of the organisation. Do not click links or open attachments unless you
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2
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David Yalpi
From:
Section 47F
Sent:
Friday, 17 April 2020 3:25 PM
To:
Information Access
Subject:
FOI Act Request
FOI Officer
Commonwealth Ombudsman (CO)
ACT
Pursuant to the FOI Act 1982 I request the following information:
Background
On 8/5/17 Michael Manthorpe was appointed CO. This FOI request relates to information from the date of his appointment
up until the date specifically mentioned in the request below:
Information sought
1. Number of complaints made to CO from 8/5/17 up to and including 31/3/20;
2. Of the complaints in (1), how many were made by individuals in their own capacity, and how many by third parties
including solicitors, migration agents, NGO’s or other entities, either on behalf of individual complainants or otherwise?;
3. Of the complaints in (1), how many were against Immigration department, Department of Human Services/Centrelink,
ATO, Department of Education, Office of Migration Agents Registration Authority, Attorney General’s Department (AGD),
Department of Health, and the Department of PM and Cabinet?;
4. Final results of all the complaints referred to in (1);
5. Of the complaints in (1), how many were refused investigation by invoking the grounds mentioned in s6 of the
Ombudsman Act?
6. How many compensation claims were made under the CDDA scheme against the CO from 8/5/17 up to and including
15/4/20?
7. Of the claims in (6), provide the grounds/reasons advanced by the claimants in support of their claims;
15
8. Of the claims referred to in (6), provide the amount claimed by each claimant, and the amount actually settled;
9. Of the claims referred to in (6), how many were handled and/or settled by CO himself? Provide copies of policies,
procedures, fact sheets or guidelines applied by CO for assessment/settlement these claims, and copies of all payment
vouchers for claims paid;
10. Of the claims referred to in (6), how many were referred by CO to the AGD, or any other minister responsible for CO at
the time, for assessment and settlement?
11. Copies of all correspondence from CO to AGD (and/or other portfolio minister) in relation to (10), including but not
limited to letters, emails, advice, file notes, internal remarks, diary notes, record of phone conversations, internal advice;
12. Copies of all correspondence from AGD to CO (and/or any other portfolio minister) in relation to (10), including but not
limited to letters, emails, advice, file notes, internal remarks, diary notes, record of phone conversations, and external
advice;
13. I refer to s10A (1) (d) of the Public Service Act 1999 (the Act). Provide copies of policies, procedures, guidelines, fact
sheets, which CO created since his appointment or which existed at the time of his appointment and used for effective
performance management of CO staff, supervisors, senior management, and staff misconduct (to the extent such
misconduct emanates from, or is related to, performance management), and
14. I refer to s15 of the Act. Provide copies of policies, procedures, guidelines, fact sheets, which CO created since his
appointment or which existed at the time of his appointment and used for dealing with staff misconduct due to breach of
Code of Conduct.
Section 22
Yours faithfully
Section 47F
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