
Document 1
Anonymous
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx.xxxxx@xxxxxx.xxx
Our reference: LEX 510
Dear Anonymous
Freedom of Information request
1. I am writing about your Freedom of Information (FOI) request under the
Freedom of
Information Act 1982 (FOI Act) made on 11 March 2023 for access to documents held by
the Australian Public Service Commission (Commission).
2. The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available f
rom www.legislation.gov.au.
Documents relevant to your request
3. You requested access to documents in the following terms:
Under the FOI Act, I request access to the documents, in the possession of the APSC,
containing logically probative and relevant evidence demonstrating that the SES Band
1 classified National Judicial Registrar & District Registrar role in Western Australia
was, in light of the work value of the group of duties described in the work level
standards and a proper job analysis, reclassified and allocated an Executive Level 2
classification for the purposes of rule 9 of the Public Service Classification Rules 2000
(Cth).
4. The context you provided for the scope of your request is too lengthy to reproduce here,
noting it is contained in your email request.
5. In reviewing the context, I understand this request concerns documents that an individual,
Ms Kate McMullan, considered as part of a Public Interest Disclosure (PID) investigation.
6. As decision-maker for this FOI request, I note that I had no involvement in this specific
PID investigation which occurred in 2020. Therefore, as an unrelated third party, I am
unable to assess whether documents considered by Ms McMullan during this specific PID
investigation were ‘logically probative’ or ‘relevant.’
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
7. In light of the above, I believe there is sufficient basis to be satisfied your request does not
provide such information concerning the document/s as is reasonable necessary to enable
me to identify it (paragraph 24AA(1)(b) of the FOI Act).
8. However, in consideration of the objects of the FOI Act, being the promotion of
transparency and facilitation of access to information held by government, I have
interpreted your request to mean documents Ms McMullan considered that might contain
logically probative and relevant evidence that demonstrates that ‘the SES Band 1 classified
National Judicial Registrar & District Registrar role in Western Australia was, in light of
the work value of the group of duties described in the work level standards and a proper
job analysis, reclassified and allocated an Executive Level 2 classification for the purposes
of rule 9 of the Public Service Classification Rules 2000 (Cth).’
9. I have identified two (2) documents relevant to your request.
Decision on your FOI request
10. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
11. I have decided to refuse access to the documents because I consider they are exempt in full.
12.
Attachment A sets out the grounds on which the documents are exempt.
13. My reasons are set out in
Attachment B.
Deletion of exempt matter or irrelevant material
14. Section 22 of the FOI Act requires an agency to provide access to an edited version of a
document where it is reasonably practicable to edit the document to remove exempt
material or material that is irrelevant to the scope of the request.
15. Relevant to deleting exempt or irrelevant content from a document, the FOI Guidelines
provide:
3.98 Applying those considerations, an agency or minister should take a common sense
approach in considering whether the number of deletions would be so many that the
remaining document would be of little or no value to the applicant. Similarly, the
purpose of providing access to government information under the FOI Act may not be
served if extensive editing is required that leaves only a skeleton of the former document
that conveys little of its content or substance.
16. I consider the objects of the FOI Act will not be served by providing access to an edited
version of the documents because extensive editing is required that would leave only a
skeleton of the former documents, conveying little content or substance.
Contacts
17. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by telephone on (02) 6202 3500 or by email a
t xxx@xxxx.xxx.xx.
Review rights
18. You are entitled to seek review of this decision. Your review rights are set out at
Attachment C.
Yours sincerely
Mitchell Little
Authorised FOI decision maker
11 April 2023
ATTACHMENT A
SCHEDULE OF DOCUMENTS
Document Description
Exemptions
1
Email correspondence between the Sections 47C and 47E of the FOI Act
Commission and Federal Court of apply.
Australia dated 27 October 2020
2
Word document titled ‘Judicial Sections 47C, 47E, and 47F of the
Registrar Recruitment’
FOI Act apply.
ATTACHMENT B
Reasons for decision
1. In making my decision on your request, I have had regard to:
the terms of your request;
the contents of the documents;
the
Public Interest Disclosure Act 2013 (PID Act);
the
Public Service Act 1999 (PS Act);
the FOI Act; and
the FOI Guidelines issued by the Australian Information Commissioner.
Section 47E – Certain operations of agencies
2. Subsection 47E(d) of the FOI Act provide that a document is conditionally exempt from
disclosure if its disclosure would, or could be reasonably expected to, have a substantial
adverse effect on the proper and efficient conduct of the operations of an agency.
3. The Australian Public Service Commissioner (the Commissioner) and his delegates have a
number of inquiry functions under the PS Act, including in relation to the investigation of
certain public interest disclosures under the PID Act.
4. It is important that the Commissioner and his delegates are able to properly undertake
activities under the PID Act. The PID scheme promotes integrity and accountability
across the Commonwealth public sector and provides a protected space for all current and
former public officials (‘disclosers’) to make disclosures relating to suspected
wrongdoing or misconduct.
5. I have considered that under the PID scheme, information collected during the course of a
PID investigation is protected under section 65 of the PID Act.
6. I have decided that release of both documents under the FOI Act would likely undermine
the protections provided under the PID scheme, and likely discourage current and former
public officials to make PID disclosures or to involve themselves in PID investigations.
The success of any PID investigation process relies heavily on the willingness of
individuals to participate in the PID scheme in a frank and candid manner.
7. Further, I consider that the release of both documents would also likely have a larger
effect of inhibiting or discouraging Commission staff to freely and effectively
communicate on matters relating to the PID Act, including in the consideration and
assessment of material subject to a PID investigation.
8. Should individuals be unwilling or unable to effectively participate in the PID scheme,
this would ultimately have a substantial adverse effect on the Commission’s ability to
carry out its obligations under the PID Act, including its ability to ensure that allegations
of misconduct are being investigated and where necessary take appropriate action in a
proper and efficient manner.
- 6 -
9. I note that the importance of protecting information collected during a PID investigation
process was upheld in the recent Information Commissioner (IC) decision of ‘
YU’ and
Bureau of Meteorology (Freedom of Information) [2021] AICmr75 (29 November 2021),
where the IC accepted the relevant department’s submissions that certain operations of
the agency could be undermined if the confidentiality established under the PID Act was
circumvented by an access application made under the FOI Act.
10. Therefore, I have decided to conditionally exempt both documents in full because
disclosure of both documents would, or could reasonably be expected to, have a
substantial adverse effect on the proper and efficient conduct of the Commission’s
operations.
11. My consideration of the public interest test in respect of the application of section 47E to
Documents 1 and 2 is outlined further at paragraphs 26-30.
Section 47C – Documents subject to deliberative processes
12. Section 47C of the FOI Act conditionally exempts documents containing deliberative
matter. Deliberative matter generally consists of:
an opinion, advice or recommendation that has been obtained, prepared or recorded; or
a deliberative process of the Commission.
13. A deliberative process includes the recording or exchange of opinions, advice,
recommendations, a collection of facts or opinions and interim decisions and deliberations.
14. On review, both documents contain material which record the deliberative processes of the
Commission and the Federal Court of Australia. This deliberative material relates to how
the PID investigation was conducted by the Commission, and contains material prepared
or recorded as part of the deliberative PID process.
15. For the reasons outlined above, I am of the view that both documents contain deliberative
matter and parts are therefore conditionally exempt under section 47C of the FOI Act.
16. Given I have already conditionally exempted both documents in full under
subsection 47E(d), I have not elaborated further on which specific parts of the documents
I consider exempt under section 47C.
17. My consideration of the public interest test in respect of the application of section 47C to
Documents 1 and 2 is outlined further at paragraphs 26-30.
Section 47F – personal information
18. Section 47F of the FOI Act provides that a document is conditionally exempt if it would
involve the unreasonable disclosure of personal information about any person.
19. Personal information means information or an opinion about an identified individual, or an
individual who is reasonably identifiable whether:
- 7 -
the information or opinion is true or not; and
the information or opinion is recorded in a material form or not.
20. I consider that Document 2 contains personal information of third parties, including
information about their qualifications and employment history.
21. I have had regard to the matters I must consider under subsection 47F(2) of the FOI Act in
determining whether the disclosure of the document, in absence of consent from those third
parties, would involve the unreasonable disclosure of personal information.
22. I have identified the following factors that, in my view, do not support the release of
personal information under section 47F of the FOI Act:
the third party individuals’ personal information, in particular their names, will identify
them;
the personal information is unique and relates specifically to the third party individuals,
and is generally not well known or publicly available;
some of the personal information is qualitative assessments of third party individuals
which is extremely personal and sensitive;
the release of some of the third party individuals’ personal information may cause stress
for them or other detriment; and
disclosure would prejudice the third party individuals’ right to privacy.
23. I have therefore decided to the extent that the documents include personal information of
third parties, those parts are conditionally exempt from disclosure under section 47F of the
FOI Act because disclosure would involve the unreasonable disclosure of multiple persons’
personal information.
24. Given I have already conditionally exempted Document 2 in full under subsections 47E(c)
and (d), I have decided it would not be appropriate for me to undertake consultations with
the third party individuals on section 47F at this time.
25. My consideration of the public interest test in respect of the application of section 47F to
Document 2 is outlined further at paragraphs 26-30.
Section 11A – public interest test
26. Subsection 11A(5) of the FOI Act provides that an agency must give access to a document
if it is conditionally exempt unless access to the document would, on balance, be contrary
to the public interest.
27. I have considered the public interest exemption factors in favour of disclosure at
subsection 11B(3) of the FOI Act, including the extent to which access to the document
would promote the objects of the FOI Act and inform debate on a matter of public
importance.
- 8 -
28. I have identified the following factors as weighing against disclosure:
disclosure of third party individuals’ personal information will not advance any scrutiny
of any decisions falling within the scope of your FOI request;
disclosure would prejudice the third party individuals’ right to privacy;
disclosure would undermine the confidentiality and secrecy provisions fundamental to
the PID Scheme;
disclosure would hinder the Commission’s future deliberative processes and efficiency
with which the Commission can support the functions of the Commissioner;
the disclosure of certain information have a substantial adverse effect on the proper and
efficient conduct of the operations of the Commission; and
disclosure would undermine the Commission’s relationship with other agencies and
third party individuals.
29. Subsection 11B(4) of the FOI Act lists factors that are irrelevant to determining whether
access would be in the public interest. I have not considered these factors.
30. Accordingly, I am satisfied disclosure of the conditionally exempt documents is contrary
to the public interest.
ATTACHMENT C
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
may give you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by seeking:
1. an internal review by an different officer of the Australian Public Service
Commission; and/or
2. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
- 10 -
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman concerning action taken by an agency in the exercise
of powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au

Document 2
Anonymous
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx.xxxxx@xxxxxx.xxx
Our reference: LEX 511
Dear Anonymous
Freedom of Information request
1. I am writing about your Freedom of Information (FOI) request under the
Freedom of
Information Act 1982 (FOI Act) made on 11 March 2023 for access to documents held by
the Australian Public Service Commission (Commission).
2. The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available f
rom www.legislation.gov.au
Documents relevant to your request
3. You requested access to documents in the following terms:
a) any and all documents demonstrating that Statutory Agencies, as distinguished from
the APS employees, Agency Heads and Statutory Office Holders that make them up, are
bound by the legal obligations set out in subsection 10A(2) of the Public Service Act 1999
(Cth);
b) any and all documents demonstrating that Statutory Agencies, as distinguished from
the APS employees, Agency Heads and Statutory Office Holders that make them up, are
legally capable of contravening the legal obligations set out in subsection 10A(2) of the
Public Service Act 1999 (Cth);
c) any and all documents, including notes and reasons, that might shine a light on why
Kate McMullan found, on the balance of probabilities, and in the light of her duty to
make findings of fact on logically probative and relevant evidence, the “FCA”, a
Statutory Agency, responsible for “promoting Ms Wu into this position” and, thus, “not
... comply[ing] with the APS Employment Principles under subsection 10A(2) of the PS
Act …”, even though the logically probative and relevant evidence demonstrates that:
i) Caitlin Wu was selected for promotion to the Executive Level 1 classified National
Court Framework Registrar role in the Federal Court of Australia, ahead of “a field
of candidates all of whom were admitted as legal practitioners”, by Sia Lagos, David
Pringle and Andrea Jarratt on 2 December 2016; and
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
ii) Sia Lagos, as the Agency Head’s delegate, endorsed the selection panel’s
recommendation and “[a]pprove[d] Caitlin Wu as the successful candidate” on 2
December 2016.
4. The context you provided for the scope of your request is too lengthy to reproduce here,
noting it is contained in your email request.
Decision on your FOI request
5. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
6. I am satisfied that all reasonable steps have been taken to find documents within scope of
your request, and that no such documents meeting the description of what you have asked
for can be found or exist.
7. As such, I refuse your request for access to documents pursuant to section 24A of the FOI
Act.
Reasons for decision
Section 24A – documents that cannot be found or do not exist
8. Subsection 24A(1) of the FOI Act provides:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency or Minister’s possession but cannot be found; or
(ii)
does not exist.
9. The Office of the Australian Information Commissioner (OAIC) has issued guidelines
pursuant to section 93A of the FOI Act. At paragraphs 3.88 to 3.93 of these guidelines, the
OAIC provides guidance as to the meaning of the term ‘all reasonable steps’ in
subsection 24A(1).
10. Having regard to OAIC’s guidance, I have taken into account the subject matter of your
request and consulted with colleagues in the Employment Policy team within the
Commission.
11. The Employment Policy team conducted searches in the Commission’s record management
systems (TRIM, ShareHub, and Outlook) using the terms ‘statutory agency 10A’ and
‘statutory agency section 10A.’ No relevant documents were identified.
12. Accordingly, I have decided to refuse your request for access under section 24A of the FOI
Act.
Contacts
13. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by telephone on (02) 6202 3500 or by email a
t xxx@xxxx.xxx.xx
Review rights
14. You are entitled to seek review of this decision. Your review rights are set out at
Attachment A.
Yours sincerely
Mitchell Little
Authorised FOI decision maker
11 April 2023
ATTACHMENT A
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
may give you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by seeking:
1. an internal review by an different officer of the Australian Public Service
Commission; and/or
2. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman concerning action taken by an agency in the exercise
of powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au

Document 3
GIPAgal
By email:
xxxxxxxxxxxxxxxxxxxxxxxxx.xxxxx@xxxxxx.xxx
Our reference: LEX 520
Dear GIPAgal
Freedom of Information request
1. I am writing about your Freedom of Information (FOI) request under the
Freedom of
Information Act 1982 (FOI Act) made 25 March 2023 for access to documents held by the
Australian Public Service Commission (Commission).
2. The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available f
rom www.legislation.gov.au.
Documents relevant to your request
3. You requested access to documents on the following terms:
Part A – invitations for interview
Under the FOI Act, I request access to any and all documents sent to the following
persons by officials in the APSC, inviting them to interviews as part of Kate McMullan’s
investigation into allegations that senior administrators in the Federal Court of Australia
contravened the Code of Conduct when engaging or promoting registrars of the Federal
Court of Australia:
a) the Hon James Leslie Bain Allsop, Chief Justice of the Federal Court of Australia;
b) the Hon Andrew Peter Greenwood, Judge of the Federal Court of Australia;
c) Warwick Soden (of the Federal Court of Australia Statutory Agency);
d) David Pringle (of the Federal Court of Australia Statutory Agency);
e) Darrin Moy (of the Federal Court of Australia Statutory Agency);
f) Andrea Jarratt (of the Federal Court of Australia Statutory Agency);
g) Murray Belcher (of the Federal Court of Australia Statutory Agency);
h) Russell Trott (of the Federal Court of Australia Statutory Agency);
i) Susan O’Connor (of the Federal Court of Australia Statutory Agency);
j) Claire Gitsham (of the Federal Court of Australia Statutory Agency);
k) Matthew Benter (of the Federal Court of Australia Statutory Agency);
l) Phillip Allaway (of the Federal Court of Australia Statutory Agency);
m) Rupert Burns (of the Federal Court of Australia Statutory Agency);
n) Tuan Van Le (of the Federal Court of Australia Statutory Agency);
o) Rohan Muscat (of the Federal Court of Australia Statutory Agency); and
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
p) Kerryn Vine-Camp (formerly the First Assistant Commissioner of the APSC and,
for the purposes of the recruitment of several Senior Executive classified registrar
roles in the Federal Court, the Australian Public Service Commissioner’s
representative).
Part B – submissions and information about the allegations of contraventions of the Code
of Conduct
Under the FOI Act, I request access to any and all documents setting out the submissions
of, or containing information received from, each of the following persons in response to
requests for information issued as part of Kate McMullan’s investigation into allegations
that senior administrators in the Federal Court of Australia contravened the Code of
Conduct when engaging or promoting registrars of the Federal Court of Australia:
a) the Hon James Leslie Bain Allsop, Chief Justice of the Federal Court of Australia;
b) the Hon Andrew Peter Greenwood, Judge of the Federal Court of Australia;
c) Warwick Soden (of the Federal Court of Australia Statutory Agency);
d) David Pringle (of the Federal Court of Australia Statutory Agency);
e) Darrin Moy (of the Federal Court of Australia Statutory Agency);
f) Andrea Jarratt (of the Federal Court of Australia Statutory Agency);
g) Murray Belcher (of the Federal Court of Australia Statutory Agency);
h) Russell Trott (of the Federal Court of Australia Statutory Agency);
i) Susan O’Connor (of the Federal Court of Australia Statutory Agency);
j) Claire Gitsham (of the Federal Court of Australia Statutory Agency);
k) Matthew Benter (of the Federal Court of Australia Statutory Agency);
l) Phillip Allaway (of the Federal Court of Australia Statutory Agency);
m) Rupert Burns (of the Federal Court of Australia Statutory Agency);
n) Tuan Van Le (of the Federal Court of Australia Statutory Agency);
o) Rohan Muscat (of the Federal Court of Australia Statutory Agency); and
p) Kerryn Vine-Camp (formerly the First Assistant Commissioner of the APSC and,
for the purposes of the recruitment of several Senior Executive classified registrar
roles in the Federal Court, the Australian Public Service Commissioner’s
representative).
Part C – correspondence sent or received
To the extent not covered by Parts A or B, under the FOI Act, I request access to any and
all documentary correspondence sent to, or received from, each of the following persons
in the course of, and for the purpose of, Kate McMullan’s investigation into allegations
that senior administrators in the Federal Court of Australia contravened the Code of
Conduct when engaging or promoting registrars of the Federal Court of Australia:
a) the Hon James Leslie Bain Allsop, Chief Justice of the Federal Court of Australia;
b) the Hon Andrew Peter Greenwood, Judge of the Federal Court of Australia;
c) Warwick Soden (of the Federal Court of Australia Statutory Agency);
d) David Pringle (of the Federal Court of Australia Statutory Agency);
e) Darrin Moy (of the Federal Court of Australia Statutory Agency);
f) Andrea Jarratt (of the Federal Court of Australia Statutory Agency);
g) Murray Belcher (of the Federal Court of Australia Statutory Agency);
h) Russell Trott (of the Federal Court of Australia Statutory Agency);
i) Susan O’Connor (of the Federal Court of Australia Statutory Agency);
j) Claire Gitsham (of the Federal Court of Australia Statutory Agency);
k) Matthew Benter (of the Federal Court of Australia Statutory Agency);
l) Phillip Allaway (of the Federal Court of Australia Statutory Agency);
m) Rupert Burns (of the Federal Court of Australia Statutory Agency);
n) Tuan Van Le (of the Federal Court of Australia Statutory Agency);
o) Rohan Muscat (of the Federal Court of Australia Statutory Agency); and
p) Kerryn Vine-Camp (formerly the First Assistant Commissioner of the APSC and,
for the purposes of the recruitment of several Senior Executive classified registrar
roles in the Federal Court, the Australian Public Service Commissioner’s
representative).
Part D – investigation records
Under the FOI Act, I request access to any and all records (including notes, reports,
transcripts of interviews etc), prepared by Kate McMullan for the purposes, and as part,
of her investigation, setting out information that Kate McMullan garnered as part of
requests for information (whether those requests were written or oral) from each of the
following people:
a) the Hon James Leslie Bain Allsop, Chief Justice of the Federal Court of Australia;
b) the Hon Andrew Peter Greenwood, Judge of the Federal Court of Australia;
c) Warwick Soden (of the Federal Court of Australia Statutory Agency);
d) David Pringle (of the Federal Court of Australia Statutory Agency);
e) Darrin Moy (of the Federal Court of Australia Statutory Agency);
f) Andrea Jarratt (of the Federal Court of Australia Statutory Agency);
g) Murray Belcher (of the Federal Court of Australia Statutory Agency);
h) Russell Trott (of the Federal Court of Australia Statutory Agency);
i) Susan O’Connor (of the Federal Court of Australia Statutory Agency);
j) Claire Gitsham (of the Federal Court of Australia Statutory Agency);
k) Matthew Benter (of the Federal Court of Australia Statutory Agency);
l) Phillip Allaway (of the Federal Court of Australia Statutory Agency);
m) Rupert Burns (of the Federal Court of Australia Statutory Agency);
n) Tuan Van Le (of the Federal Court of Australia Statutory Agency);
o) Rohan Muscat (of the Federal Court of Australia Statutory Agency); and
p) Kerryn Vine-Camp (formerly the First Assistant Commissioner of the APSC and,
for the purposes of the recruitment of several Senior Executive classified registrar
roles in the Federal Court, the Australian Public Service Commissioner’s
representative).
When addressing the request for access to documents in your decision letter, please
address each Part, and each paragraph, discretely. For example, please note whether or
not there is a document that answers the description for Part A, paragraph (a), and then
note whether or not access is granted, and if access is not granted, the legislative
ground(s) for not granting access to the relevant document.
4. The context you provided for the scope of your request is:
I refer to the public interest disclosure investigation conducted, between May and
December 2020, by Kate McMullan of the Australian Public Service Commission into
allegations of cronyism and patronage in the Federal Court of Australia Statutory Agency.
The public interest disclosure was allocated to the APSC on 11 May 2020, having been
“made with reference to the broad powers available to consider the matter by virtue of an
allocation under the PID Act and under the Public Service Act 1999 (PS Act) (in
particular s 41(2)(o))”: Attachment [1].
After seeking two extensions of time (Attachment [2]), Kate McMullan finalised her
investigations under the Public Interest Disclosure Act 2013 (Cth) on 9 December 2020.
The following request for documents is made pursuant to the Freedom of Information Act
1982 (Cth). The search period for documents should be limited to the following time
bracket: 10 May 2020 to 10 December 2020.
5. Following a request consultation process, on 30 March 2023 you limited the scope of
your request to only Part A of the original request.
Decision on your FOI request
6. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
7. I am satisfied that all reasonable steps have been taken to find documents within scope of
your request, and that no such documents meeting the description of what you have asked
for can be found or exist.
8. I have addressed each paragraph discretely as requested:
Part A – invitations for interview
Under the FOI Act, I request access to any and all documents sent to the following persons
by officials in the APSC, inviting them to interviews as part of Kate McMullan’s
investigation into allegations that senior administrators in the Federal Court of Australia
contravened the Code of Conduct when engaging or promoting registrars of the Federal
Court of Australia:
Paragraph
Decision
a) The Hon James Leslie Bain Allsop
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
b) The Hon Andrew Peter Greenwood
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
c) Warwick Woden
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
d) David Pringle
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
e) Darrin Moy
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
f) Andrea Jarratt
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
g) Murray Belcher
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
h) Russell Trott
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
i) Susan O’Connor
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
j) Claire Gitsham
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
k) Matthew Benter
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
l) Phillip Allaway
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
m) Rupert Burns
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
n) Tuan Van Le
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
o) Rohan Muscat
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
p) Kerryn Vine-Camp
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
9. As such, I refuse your request for access to documents pursuant to section 24A of the FOI
Act.
Reasons for decision
Section 24A – documents that cannot be found or do not exist
10. Subsection 24A(1) of the FOI Act provides:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency or Minister’s possession but cannot be found; or
(ii)
does not exist.
11. The Office of the Australian Information Commissioner (OAIC) has issued guidelines
pursuant to section 93A of the FOI Act. At paragraphs 3.88 to 3.93 of these guidelines, the
OAIC provides guidance as to the meaning of the term ‘all reasonable steps’ in
subsection 24A(1).
12. I note all individuals listed in your request are either no longer working at the Commission
or are third parties. Having regard to OAIC’s guidance, I requested the ICT Service
Delivery Section undertake a search of the Commission’s email system using the following
search parameters for emails and calendar invitations:
sent between the dates 10 May 2020 – 10 December 2020;
sent from Kate McMullan’s work email address;
sent to the 16 individuals listed in your request (using full names followed by
@fedcourt.gov.au or @apsc.gov.au); and
containing the words ‘investigation’ and ‘interview.’

13. The ICT Service Delivery Section conducted searches using the above search parameters.
No relevant documents were identified.
14. Accordingly, I have decided to refuse your request for access under section 24A of the FOI
Act.
Contacts
15. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by telephone on (02) 6202 3720 or by email a
t xxx@xxxx.xxx.xx.
Review rights
16. You are entitled to seek review of this decision. Your review rights are set out at
Attachment A.
Yours sincerely
Mitchell Little
Authorised FOI decision maker
24 April 2023
ATTACHMENT A
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
may give you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by seeking:
1. an internal review by an different officer of the Australian Public Service
Commission; and/or
2. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman concerning action taken by an agency in the exercise
of powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au

Document 4
s.47F
By email: s.47F
Our reference: LEX 521
Dear s.47F
,
Freedom of Information request
1. I am writing about your Freedom of Information (FOI) request under the
Freedom of
Information Act 1982 (FOI Act) made on Monday 27 March 2023 for access to
documents held by the Australian Public Service Commission (the Commission).
2. The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available f
rom www.legislation.gov.au.
Documents relevant to your request
3. You requested access to documents on the following terms:
a) any briefing, talking points or other papers provided to or used by Mr Peter
Woolcott AO, Commissioner of the APSC to update the Secretaries Board, at its
meeting on 8 March 2023, on public service issues being canvassed in the Royal
Commission into the Robodebt Scheme; and
b) any record, draft or final, of Mr Woolcott’s remarks relating to the Royal
Commission at the Secretaries Board meeting on 8 March 2023.
I do NOT seek access to:
Duplicates of any document captured within the scope of the request.
Drafts, unless there is no final, in which case I seek the most recent draft.
The mobile numbers or full email addresses of government officials, nor the
names and contact details of government officials not in the Senior Executive
Service or equivalent. I do ask that junior official’s position or titles be left
unredacted, along with email domains that provide useful information as to
the origin and destination of communication e.g. [redacted]@industry.gov.au.
4. I have identified four (4) documents in scope of Part (a) of your request.
5. All reasonable steps were taken to identify any documents in scope of Part (b) of your
request. No documents were found.
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
Decision
6. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
7. I have decided to refuse access to all four documents because I consider they are exempt in
full under the FOI Act.
8.
Attachment A sets out the grounds on which the documents are exempt.
9. My reasons are set out in
Attachment B.
Deletion of exempt matter or irrelevant material
10. Section 22 of the FOI Act requires an agency to provide access to an edited version of a
document where it is reasonably practicable to edit the document to remove exempt
material or material that is irrelevant to the scope of a request.
11. Relevant to deleting exempt or irrelevant content from a document, the FOI Guidelines
provide:
3.98 Applying those considerations, an agency or minister should take a common sense
approach in considering whether the number of deletions would be so many that the
remaining document would be of little or no value to the applicant. Similarly, the
purpose of providing access to government information under the FOI Act may not be
served if extensive editing is required that leaves only a skeleton of the former document
that conveys little of its content or substance.
12. I consider the objects of the FOI Act will not be served by providing access to edited
versions of the documents because extensive editing is required that would leave only a
skeleton of the former documents, conveying little content or substance.
13. I also consider it is not reasonably practicable to prepare edited versions of the documents,
having regard to the nature and extent of the modifications required, and the resources
available to modify the documents.
Contacts
14. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by telephone on (02) 6202 3720 or by email a
t xxx@xxxx.xxx.xx.
Review rights
15. You are entitled to seek review of this decision. Your review rights are set out at
Attachment C.
Yours sincerely
Mitchell Little
Authorised FOI decision maker
26 April 2023
ATTACHMENT A
SCHEDULE OF DOCUMENTS
D
ocument
Description
Exemption grounds
Correspondence from Secretary Ray Griggs AO CSC and
1
CEO Rebecca Skinner PSM to Commissioner Peter
Sections 47C (deliberative processes) and 47E (certain
Woolcott AO and Secretary Glyn Davis AC dated 8
operations of agencies) apply.
February 2023
s.22
s.22
s
.
2
2
s.22
s.22
s
.
2
2
Sections 47C (deliberative processes) and 47E (certain
4
Talking Points for the Commissioner
operations of agencies) apply.
ATTACHMENT B
Reasons for decision
1. I have decided to refuse access to the documents because I consider that they are exempt
in full.
2. In making my decision I have had regard to:
the terms of your request;
the content of the documents;
the
Public Service Act 1999 (PS Act);
the FOI Act; and
the FOI Guidelines issued by the Australian Information Commissioner.
Subsection 47E(d) – Certain operations of agencies – substantial adverse effect on the
proper and efficient conduct of the operations of an agency
3. Subsection 47E(d) of the FOI Act provides that a document is conditionally exempt
from disclosure if its disclosure would, or could reasonably be expected to, have a
substantial adverse effect on the proper and efficient conduct of the operations of an
agency.
4. For this exemption to apply, it is necessary that the predicted effect ‘would, or could
reasonably be expected to’ occur.
5. The term ‘could’ in this instance, as the FOI Guidelines state at 5.17, requires an
analysis of whether there exists a reasonable expectation that an event, effect or damage
could occur. This ‘reasonable expectation’ cannot be a mere risk, possibility or chance
of prejudice. It must be, based on reasonable grounds, a real, significant or material
possibility of prejudice; as the FOI Guidelines at 5.18 state.
6. One of the Australian Public Service Commissioner’s (and by extension, the
Commission’s) critical functions under the PS Act is to uphold high standards of the
integrity and conduct in the Australian Public Service (APS). This includes, but is not
limited to, supporting quality public service workforce management, building
leadership and public service capability, promoting APS Values, inquiring into alleged
breaches of the Code of Conduct, evaluating adequacy of systems and procedures for
ensuring compliance with the Code of Conduct, and providing advice to other APS
agencies on public service matters (such as through the Ethics Advisory Service).
7. The Commissioner is also a member of the Secretaries Board under the PS Act, with
various functions including responsibility of stewardship of the APS.
8. I am satisfied the disclosure of information contained in all four documents would have
a substantial adverse effect on the proper and efficient conduct of Commission’s
operations in relation to its critical function of upholding the integrity of the APS.
Specifically, the information relates to the Commission’s options and potential courses
of action following release of findings and recommendations made by the ongoing
Royal Commission into the Robodebt Scheme (the Royal Commission).
- 5 -
9. I consider there is a reasonable expectation of prejudice if this information were
disclosed. Given the high profile nature and sensitivities of the ongoing Royal
Commission, it is crucial that the options and potential courses of action to take in
response to the Royal Commission’s findings and recommendations can be canvassed
in a frank and discrete manner by the Commissioner/Commission; accompanied by an
appropriately confidential treatment of sensitive information with other relevant
agencies and members of Secretaries Board. Public knowledge of what the specific
potential matters considered by, and potentially available response options open to, the
Commission are at this time would severely compromise the administrative decision-
making efficacy of the Commission, as well as its relationships with relevant
stakeholders.
10. The information supporting these options and proposed courses of action are of a
sensitive, confidential nature. The maintenance of this confidentiality is essential in
upholding trust between the Commissioner and relevant agencies and stakeholders; not
just in respect of this Royal Commission but for similar, potential functions that may
need to be undertaken in the future.
11. For this purposes of this decision, however, I believe that disclosure of the documents
at this time, during such a sensitive Royal Commission, would reasonably be expected
to result in the compromises and consequences detailed above.
12. Thus, in my view, the test of assessing the likelihood of a predicted or forecast event,
effect or damage following the release of the document, as outlined in 5.16 of the FOI
Guidelines, is broadly satisfied in this instance.
13. Additionally, the exemption requires that the predicted effect be of a ‘substantial
adverse’ nature. Broadly, the term means, according to
Re Thies and Department of
Aviation [1986] AATA 141 at [24], that the predicted effect must be adverse and:
Sufficiently serious or significant to cause concern to a properly informed
reasonable person.
14. I consider that the prejudicing of the options and potential courses of action by
Commission in response to findings and recommendations made by the Royal
Commission constitute such a ‘substantial adverse’ nature. These potential courses of
action relate fundamentally to the Commission’s statutory functions, as well as its
broader role in the Commonwealth, in ensuring the integrity of the APS. To disclose
information contained in these documents would severely complicate such pathways to
the extent that they would not be carried out as efficiently as they could be during an
ongoing sensitive Royal Commission.
15. The main consequence of disclosure in this respect would be the substantial adverse
impact on agency and external stakeholder trust in the Commission and its ability to
ensure integrity. This could result in the withdrawal of information supplied to the
Commission in future, as well as overall greatly diminished confidence in the
Commissioner and the ability to ensure integrity in the APS.
- 6 -
16. In light of my findings, I have therefore decided that all four documents are
conditionally exempt from disclosure in full under this section.
Section 47C – Documents subject to deliberative processes
17. Section 47C of the FOI Act conditionally exempts documents containing deliberative
matter. Deliberative matter generally consists of:
an opinion, advice or recommendation that has been obtained, prepared or recorded;
or
a consultation or deliberation that has taken place
in the course of, or for the purposes of, the deliberative processes involved in the
functions of an agency, Minister or the Commonwealth Government.
18. A deliberative process includes the recording or exchange of opinions, advice,
recommendations, a collection of facts (including the pattern of facts or opinions
considered) and interim decisions or deliberations.
19. On review, I am satisfied all four documents contain material which record the
deliberative processes of the Commission and other APS agencies. Specifically,
consultation about options and potential courses of action by the Commission, and other
agencies, following the potential findings and recommendations that may be made by
the Royal Commission.
20. For the reasons outlined above, I am of the view that all four documents contain
deliberative matter and are therefore conditionally exempt in full under section 47C of
the FOI Act.
Section 11A – public interest test
21. Subsection 11A(5) of the FOI Act provides that an agency must give access to a
document if it is conditionally exempt unless access to the document would, on balance,
be contrary to the public interest.
22. I have considered the public interest exemption factors in favour of disclosure at
subsection 11B(3) of the FOI Act, including the extent to which access to the documents
would promote the objects of the FOI Act and inform debate on a matter of public
importance.
23. I have identified the following factors as weighing against disclosure:
disclosure could interfere with the providing of frank and candid advice to the
Commissioner as a member of the Secretaries Board;
disclosure could reasonably be expected to interfere with the ongoing Royal
Commission, and potential response actions that could be taken by the
Commission, following the release of the Royal Commission findings and
recommendations in due course;
- 7 -
disclosure could reasonably be expected to prejudice the ability of the
Commission to obtain valuable information regarding APS integrity matters in
the future; and
disclosure could reasonably be expected to harm the operational capacities of
the Commission to fulfil statutory functions, including for vital matters of
integrity and accountability.
24. Subsection 11B(4) of the FOI Act lists factors that are irrelevant to determining
whether access would be in the public interest. I have not considered these factors.
25. On balance, I find disclosure of the documents would be contrary to the public interest.
ATTACHMENT C
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
may give you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by seeking:
1. an internal review by an different officer of the Australian Public Service
Commission; and/or
2. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
- 9 -
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman concerning action taken by an agency in the exercise
of powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au

Document 6
GIPAgal
By ema
il: xxxxxxxxxxxxxxxxxxxxxxxxx.xxxxx@xxxxxx.xxx
Our reference: LEX 547
Dear GIPAgal
Freedom of Information request
1. I am writing about your Freedom of Information (FOI) request under the
Freedom of
Information Act 1982 (FOI Act) made 23 April 2023 for access to documents held by the
Australian Public Service Commission (Commission).
2. The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available from
www.legislation.gov.au.
Documents relevant to your request
3. You requested access to documents on the following terms:
Search period
The search period for documents should be limited to the following time bracket: 1
May 2020 to 31 December 2020.
Request
Keeping the identified search period in mind, under the FOI Act, I request access to
any and all:
a) correspondence between (i.e. sent to or received from) Kate McMullan and the
following people for the purposes of the PID Investigation conducted by Kate
McMullan into allegations that senior administrators in the Federal Court of
Australia contravened the Code of Conduct when engaging or promoting registrars of
the Federal Court of Australia:
i) the Hon James Leslie Bain Allsop, Chief Justice of the Federal Court of Australia;
ii) the Hon Andrew Peter Greenwood, Judge of the Federal Court of Australia;
iii) Warwick Soden (of the Federal Court of Australia Statutory Agency);
iv) David Pringle (of the Federal Court of Australia Statutory Agency);
v) Darrin Moy (of the Federal Court of Australia Statutory Agency);
vi) Andrea Jarratt (of the Federal Court of Australia Statutory Agency);
vii) Murray Belcher (of the Federal Court of Australia Statutory Agency);
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
viii) Russell Trott (of the Federal Court of Australia Statutory Agency);
ix) Susan O’Connor (of the Federal Court of Australia Statutory Agency);
x) Matthew Benter (of the Federal Court of Australia Statutory Agency);
xi) Claire Gitsham (of the Federal Court of Australia Statutory Agency);
xii) Phillip Allaway (of the Federal Court of Australia Statutory Agency);
xiii) Rupert Burns (of the Federal Court of Australia Statutory Agency);
xiv) Tuan Van Le (of the Federal Court of Australia Statutory Agency);
xv) Kerryn Vine-Camp (formerly the First Assistant Commissioner of the Australian
Public Service Commission and, for the purposes of the recruitment of several
Senior Executive classified registrar roles in the Federal Court, the Australian
Public Service Commissioner's representative); and
b) documents exchanged by Kate McMullan and the following people for the purposes
of the PID Investigation conducted by Kate McMullan into allegations that senior
administrators in the Federal Court of Australia contravened the Code of Conduct
when engaging or promoting registrars of the Federal Court of Australia:
i) the Hon James Leslie Bain Allsop, Chief Justice of the Federal Court of Australia;
ii) the Hon Andrew Peter Greenwood, Judge of the Federal Court of Australia;
iii) Warwick Soden (of the Federal Court of Australia Statutory Agency);
iv) David Pringle (of the Federal Court of Australia Statutory Agency);
v) Darrin Moy (of the Federal Court of Australia Statutory Agency);
vi) Andrea Jarratt (of the Federal Court of Australia Statutory Agency);
vii) Murray Belcher (of the Federal Court of Australia Statutory Agency);
viii) Russell Trott (of the Federal Court of Australia Statutory Agency);
ix) Susan O’Connor (of the Federal Court of Australia Statutory Agency);
x) Matthew Benter (of the Federal Court of Australia Statutory Agency);
xi) Claire Gitsham (of the Federal Court of Australia Statutory Agency);
xii) Phillip Allaway (of the Federal Court of Australia Statutory Agency);
xiii) Rupert Burns (of the Federal Court of Australia Statutory Agency);
xiv) Tuan Van Le (of the Federal Court of Australia Statutory Agency);
xv) Kerryn Vine-Camp (formerly the First Assistant Commissioner of the Australian
Public Service Commission and, for the purposes of the recruitment of several
Senior Executive classified registrar roles in the Federal Court, the Australian
Public Service Commissioner's representative).
4. The context you provided for the scope of your request is:
I refer to the public interest disclosure investigation conducted, between May and
December 2020, by Kate McMullan of the Australian Public Service Commission into
allegations of cronyism and patronage in the Federal Court of Australia Statutory
Agency.
The public interest disclosure was allocated to the APSC on 11 May 2020, having
been “made with reference to the broad powers available to consider the matter by
virtue of an allocation under the PID Act and under the Public Service Act 1999 (PS
Act) (in particular s 41(2)(o))”: Attachment [1].
After seeking two extensions of time (Attachment [2]), Kate McMullan finalised her
investigations under the Public Interest Disclosure Act 2013 (Cth) on 9 December
2020.
Decision on your FOI request
5. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
6. I am satisfied that all reasonable steps have been taken to find documents within scope of
your request, and that no such documents meeting the description of what you have asked
for can be found or exist.
7. I have addressed each paragraph discretely as requested:
a) correspondence between (i.e. sent to or received from) Kate McMullan and the
following people for the purposes of the PID Investigation conducted by Kate
McMullan into allegations that senior administrators in the Federal Court of Australia
contravened the Code of Conduct when engaging or promoting registrars of the
Federal Court of Australia
Paragraph
Decision
i) The Hon James Leslie Bain Allsop
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
ii) The Hon Andrew Peter Greenwood
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
iii) Warwick Woden
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
iv) David Pringle
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
v) Darrin Moy
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
vi) Andrea Jarratt
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
vii) Murray Belcher
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
viii) Russell Trott
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
ix) Susan O’Connor
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
x) Claire Gitsham
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xi) Matthew Benter
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xii) Phillip Allaway
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xiii)
Rupert Burns
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xiv)
Tuan Van Le
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xv)
Kerryn Vine-Camp
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
b) documents exchanged by Kate McMullan and the following people for the purposes
of the PID Investigation conducted by Kate McMullan into allegations that senior
administrators in the Federal Court of Australia contravened the Code of Conduct
when engaging or promoting registrars of the Federal Court of Australia
Paragraph
Decision
i) The Hon James Leslie Bain Allsop
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
ii)
The
Hon Andrew Peter
I am satisfied all reasonable steps have been taken to
Greenwood
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
iii) Warwick Woden
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
iv)
David Pringle
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
v)
Darrin Moy
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
vi)
Andrea Jarratt
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
vii) Murray Belcher
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
viii) Russell Trott
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
ix)
Susan O’Connor
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
x)
Claire Gitsham
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xi)
Matthew Benter
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xii)
Phillip Allaway
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xiii) Rupert Burns
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xiv) Tuan Van Le
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
xv)
Kerryn Vine-Camp
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
8. As such, I refuse your request for access to documents pursuant to section 24A of the FOI
Act.
Reasons for decision
Section 24A – documents that cannot be found or do not exist
9. Subsection 24A(1) of the FOI Act provides:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency or Minister’s possession but cannot be found; or
(ii)
does not exist.
10. The Office of the Australian Information Commissioner (OAIC) has issued guidelines
pursuant to section 93A of the FOI Act. At paragraphs 3.88 to 3.93 of these guidelines, the
OAIC provides guidance as to the meaning of the term ‘all reasonable steps’ in
subsection 24A(1).
11. I note all individuals listed in your request are either no longer working at the Commission
or are third parties. Having regard to OAIC’s guidance, I requested the ICT Service
Delivery Section undertake a search of the Commission’s email system using the following
search parameters for emails and calendar invitations:
• sent between the dates 1 May 2020 – 31 December 2020;
• sent to and from Kate McMullan’s work email address;
• sent to and from the 15 individuals listed in your request (using full names
followed by @fedcourt.gov.au or @apsc.gov.au); and
• containing the words ‘public interest disclosure’ or ‘PID.’
12. The ICT Service Delivery Section conducted searches using the above search parameters.
No relevant documents were identified.
13. Accordingly, I have decided to refuse your request for access under section 24A of the FOI
Act.
Contacts
14. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by telephone on (02) 6202 3720 or by email a
t xxx@xxxx.xxx.xx.
Review rights
15. You are entitled to seek review of this decision. Your review rights are set out at
Attachment A.
Yours sincerely
Kylie Barber
Authorised FOI decision maker
23 May 2023
ATTACHMENT A
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
may give you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by seeking:
1. an internal review by an different officer of the Australian Public Service
Commission; and/or
2. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman concerning action taken by an agency in the exercise
of powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au

Document 7
GIPAgal
By ema
il: xxxxxxxxxxxxxxxxxxxxxxxxx.xxxxx@xxxxxx.xxx
Our reference: LEX 550
Dear GIPAgal
Freedom of Information request
1. I am writing about your Freedom of Information (FOI) request under the
Freedom of
Information Act 1982 (FOI Act) made 26 April 2023 for access to documents held by the
Australian Public Service Commission (Commission).
2. The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available from
www.legislation.gov.au.
Documents relevant to your request
3. You requested access to documents on the following terms:
Under the FOI Act, I request access to any and all documents setting out the
submissions of, or containing information received from, each of the following
persons in response to requests for information issued as part of Kate McMullan’s
investigation into allegations that senior administrators in the Federal Court of
Australia contravened the Code of Conduct when engaging or promoting registrars of
the Federal Court of Australia:
a) the Hon James Leslie Bain Allsop, Chief Justice of the Federal Court of Australia;
b) the Hon Andrew Peter Greenwood, Judge of the Federal Court of Australia;
c) Warwick Soden (of the Federal Court of Australia Statutory Agency);
d) David Pringle (of the Federal Court of Australia Statutory Agency);
e) Darrin Moy (of the Federal Court of Australia Statutory Agency);
f) Andrea Jarratt (of the Federal Court of Australia Statutory Agency);
g) Murray Belcher (of the Federal Court of Australia Statutory Agency);
h) Russell Trott (of the Federal Court of Australia Statutory Agency);
i) Susan O’Connor (of the Federal Court of Australia Statutory Agency);
j) Claire Gitsham (of the Federal Court of Australia Statutory Agency);
k) Matthew Benter (of the Federal Court of Australia Statutory Agency);
l) Phillip Allaway (of the Federal Court of Australia Statutory Agency);
m) Rupert Burns (of the Federal Court of Australia Statutory Agency);
n) Tuan Van Le (of the Federal Court of Australia Statutory Agency);
o) Rohan Muscat (of the Federal Court of Australia Statutory Agency);
p) Caitlin Wu (of the Federal Court of Australia Statutory Agency); and
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
q) Kerryn Vine-Camp (formerly the First Assistant Commissioner of the APSC and,
for the purposes of the recruitment of several Senior Executive classified registrar
roles in the Federal Court, the Australian Public Service Commissioner’s
representative).
4. The context you provided for the scope of your request is:
I refer to the public interest disclosure investigation conducted, between May and
December 2020, by Kate McMullan of the Australian Public Service Commission into
allegations of cronyism and patronage in the Federal Court of Australia Statutory
Agency.
The public interest disclosure was allocated to the APSC on 11 May 2020, having
been “made with reference to the broad powers available to consider the matter by
virtue of an allocation under the PID Act and under the Public Service Act 1999 (PS
Act) (in particular s 41(2)(o))”: Attachment [1].
After seeking two extensions of time (Attachment [2]), Kate McMullan finalised her
investigations under the Public Interest Disclosure Act 2013 (Cth) on 9 December
2020.
Decision on your FOI request
5. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
6. I am satisfied that all reasonable steps have been taken to find documents within scope of
your request, and that no such documents meeting the description of what you have asked
for can be found or exist.
7. I have addressed each paragraph discretely as requested:
Paragraph
Decision
a) The Hon James Leslie Bain Allsop
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
b) The Hon Andrew Peter Greenwood
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
c) Warwick Woden
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
d) David Pringle
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
e) Darrin Moy
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
f) Andrea Jarratt
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
g) Murray Belcher
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
h) Russell Trott
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
i) Susan O’Connor
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
j) Claire Gitsham
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
k) Matthew Benter
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
l) Phillip Allaway
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
m) Rupert Burns
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
n) Tuan Van Le
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
o) Rohan Muscat
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
p) Caitlin Wu
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
q) Kerryn Vine-Camp
I am satisfied all reasonable steps have been taken to
find documents within scope of your request and that
no such documents meeting the description of what
you have asked for can be found or exist.
8. As such, I refuse your request for access to documents pursuant to section 24A of the FOI
Act.
Reasons for decision
Section 24A – documents that cannot be found or do not exist
9. Subsection 24A(1) of the FOI Act provides:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i)
is in the agency or Minister’s possession but cannot be found; or
(ii)
does not exist.
10. The Office of the Australian Information Commissioner (OAIC) has issued guidelines
pursuant to section 93A of the FOI Act. At paragraphs 3.88 to 3.93 of these guidelines, the
OAIC provides guidance as to the meaning of the term ‘all reasonable steps’ in
subsection 24A(1).
11. I note all individuals listed in your request are either no longer working at the Commission
or are third parties. Having regard to OAIC’s guidance, I requested the ICT Service
Delivery Section undertake a search of the Commission’s email system using the following
search parameters for emails and calendar invitations:
• sent between the dates 11 May 2020 – 9 December 2020;
• sent to Kate McMullan’s work email address;
• sent from the 17 individuals listed in your request (using full names followed
by @fedcourt.gov.au or @apsc.gov.au); and
• containing the words ‘public interest disclosure’ or ‘PID.’
12. The ICT Service Delivery Section conducted searches using the above search parameters.
No relevant documents were identified.
13. Accordingly, I have decided to refuse your request for access under section 24A of the FOI
Act.
Contacts
14. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by telephone on (02) 6202 3720 or by email a
t xxx@xxxx.xxx.xx.
Review rights
15. You are entitled to seek review of this decision. Your review rights are set out at
Attachment A.
Yours sincerely
Kylie Barber
Authorised FOI decision maker
26 May 2023
ATTACHMENT A
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
may give you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by seeking:
1. an internal review by an different officer of the Australian Public Service
Commission; and/or
2. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee
for making a complaint. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman concerning action taken by an agency in the exercise
of powers or the performance of functions under the FOI Act. There is no fee for making a
complaint. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au
Document Outline