LEX 945 833 IR Decision Notice signed.pdf

FOIBLES

Our reference: LEX 945(833)

By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

Dear FOIBLES

Internal Review Application – Freedom of Information request

1.  I refer to your application made on 4 April 2024 for internal review of a full release
decision sent to you on 25 March 2024 (original decision) in relation to your Freedom of
Information (FOI) request for documents held by the Australian Public Service
Commission (Commission).
2.  The FOI Act and all other Commonwealth legislation referred to in this letter is publicly
available from www.legislation.gov.au.

3.  I have prepared this notice in accordance with section 26 of the under the Freedom of
Information Act 1982 (Cth) (FOI Act) which by virtue of subsection 54C(4) of the FOI
Act applies to internal review decisions.

Background
4.  On 22 February 2024, you requested the following from the Commission under the FOI
Act:

“I request access to 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.”

5.  You provided the following context for your FOI request:

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

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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.”

6.  One (1) document was discovered that fell within scope of this request.

7.  On 25 March 2024, the original decision maker, Ms Meeghan Webster, provided a
decision to you granting full access to the document within scope.

Your request for internal review
8.  On 4 April 2024, you provided submissions in respect of your request for internal review
of the original decision. Your submissions are summarised below:

“I did not agree to the decision maker redacting the details of public servants in the
APSC.

On the last page of the letter that was released, there is a reference to the "Assistant
Commissioner" for "Integrity Performance Employment Policy".

The Assistant Commissioner for Integrity Performance and Employment Policy in the
APSC is Kylie Barber. Her contact number is 02 6202 3763 and her email address is
kylie.barber(at)apsc.gov.au. Kylie Barber is an SES Band 1 employee. Kylie Barber's
name, position, contact number, classification and email address are all all published on
the APSC's website. Those details are also published in the Public Service Gazette. They
are not, as the decision maker claimed, irrelevant to my request and should not have been
redacted pursuant to section 22 of the FOI Act.

As part of the internal review, please remove the redactions from Kylie Barber's name,
her contact number and her email address.”

Internal Review Decision
9.  I am authorised under subsection 23(1) of the FOI Act to make a fresh FOI decision in
respect of your original FOI request. I confirm that in accordance with subsection 54C(2)
of the FOI Act, I am a different person to the original decision maker.

10. The internal review is a merit review process, which means that I not only examine the
reasons given by the original decision maker but also determine the correct or preferable
decision in the circumstances.1

1 Freedom of Information Guidance for Government Agencies.
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11. I have decided to affirm the original decision to grant full access to the document. I am
satisfied that the correct and preferable finding is that the document is fully released
under the FOI Act.
12. I have decided to keep the redaction made under section 22 of the FOI Act over the
recipient of the letter, as you had expressly excluded individual versions of the letter in
the primary request as the same letter was sent to all Agency Heads.
13. I have also decided to remove a number of redactions applied under section 22 of the FOI
Act. While I am not convinced they are relevant material for the purpose of your request,
they are publicly available information.
14. Attachment A sets out the document schedule.
Contacts
15. If you require clarification on matters in this letter, please contact the Commission’s FOI
Officer 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

Melanie McIntyre
Authorised FOI decision maker
2 May 2024
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ATTACHMENT A

SCHEDULE OF DOCUMENTS

Document
Description
Exemption grounds

1
Letter from the Commissioner to Agency Head
Section 22 – Irrelevant Information

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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 external 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.

Applying for external review by the Australian Information Commissioner
If you do not agree with 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 (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
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