FOIBLES
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our reference: LEX 833
Dear FOIBLES
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
22 February 2024 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 in the following terms:
“The letter referred to in Mr Belot’s article, in which Dr de Brouwer’s noted his
concerns about conflicts of interest to senior bureaucrats in the Australian Public
Service.”
4. The context you provided for your request was:
I refer to Henry Belot’s article, “Public servants must do more to manage conflicts of
interest, APS Commissioner tells top bureaucrats”, published on the website of The
Guardian Australia: https://www.theguardian.com/australia-news/2024/feb/22/public-
servants-must-do-more-to-manage-conflicts-of-interest-aps-commissioner-tells-top-
bureaucrats
According to the article, the APS Commissioner sent a letter to senior bureaucrats in
December 2023 in which he, amongst other things, asked senior bureaucrats to:
a) “ensure you and your senior executive service employees have up-to-date
declarations in place, as well as strategies in your agency to mitigate or manage
conflicts that are identified” and
b) “ensure similar arrangements are in place for all relevant agency functions and
processes, such that conflict of interest declarations are triggered for those
participating in activities such as recruitment, procurement, awarding grants, or
performing regulatory roles.”
5. On 27 February 2024, the Commission wrote to you requesting that you clarify your

scope to exclude multiple versions of the letter sent to Agency Heads. You agreed to
this on 27 February 2024.
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 locate documents relevant
to your request.
8. I have identified one (1) document within scope of your request.
9. This document is:
• Document 1: Letter from the Commissioner to Agency Head
10. I have decided to grant you full access to the document, subject to the deletion of some
irrelevant material as described below.
11.
Attachment A sets out the document to be released.
Deletion of exempt matter or irrelevant matter
12. 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.
13. Document 1 contains material that is irrelevant to this request as you have excluded
individual versions of the letter.
14. To the extent that Document 1 contains this irrelevant material, I have chosen to edit
it out accordingly.
Contacts
15. 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 at xxx@xxxx.xxx.xx.
Review rights
16. You are entitled to seek review of this decision. Your review rights are set out at
Attachment B.
Yours sincerely
Meeghan Webster
Authorised FOI decision maker
22 March 2024
ATTACHMENT A
SCHEDULE OF DOCUMENTS
Documen
Description
Exemptions
t
1
Letter from the Commissioner to
Section 22 – Irrelevant information
Agency Head
ATTACHMENT B
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