22 Feb 2012 email "Subject: HOSM for CRG Contractors in Iraq [SEC=UNCLASSIFIED]"
Dear PMC,
On 11 June 2021, we requested a copy of all documents related to a file titled Humanitarian Overseas Service Medal Amendment Regulation: Iraq clasp.
On 12 July 2021, Mr Peter Rush stated “I am satisfied that all reasonable steps have been taken to find documents relevant to the FOI request, and that no documents relevant to the FOI request exist in the Department”.
We bring the department’s attention to the 22 Feb 2012 email subject titled “HOSM for CRG Contractors in Iraq [SEC=UNCLASSIFIED]”. Mr Rush was the principal recipient of this email.
Under the FOI Act, please provide a copy of that email. Including all correspondence and attached documents.
Thank you.
Yours faithfully,
Trav S
OFFICIAL
FOI/2021/112
Dear Trav S
Thank you for your email dated 14 July 2021, received by the Department of
the Prime Minister and Cabinet (the Department), in which you made a
request to the Department under the Freedom of Information Act 1982 (the
FOI Act) in the following terms:
On 11 June 2021, we requested a copy of all documents related to a file
titled Humanitarian Overseas Service Medal Amendment Regulation: Iraq
clasp.
On 12 July 2021, Mr Peter Rush stated “I am satisfied that all reasonable
steps have been taken to find documents relevant to the FOI request, and
that no documents relevant to the FOI request exist in the Department”.
We bring the department’s attention to the 22 Feb 2012 email subject
titled “HOSM for CRG Contractors in Iraq [SEC=UNCLASSIFIED]”. Mr Rush was
the principal recipient of this email.
Under the FOI Act, please provide a copy of that email. Including all
correspondence and attached documents.
Timeframe for receiving your decision
We received your request on 14 July 2021 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 13 August 2021. The period
of 30 days may be extended in certain circumstances. We will advise you if
there is any extension of time.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email]. If you
do wish to object to the publication of information, you would need to
provide supporting reasons.
Exclusion of officers’ names and contact details
For documents that fall within scope of the request, it is the
Department’s policy to withhold:
· any person’s signature;
· the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);
· the mobile or direct numbers of SES officers;
· the names and contact details of Ministerial staff at a level
below Chief of Staff.
The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).
We will write again when the Department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner
[4]https://www.oaic.gov.au/freedom-of-infor....
Yours sincerely
FOI Section | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. (02) 6271 5849
e. [5][DPMC request email] | w. [6]www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
[7]cid:image001.jpg@01D30607.6CF4DA00[8]cid:image002.jpg@01D30607.6CF4DA00[9]cid:image003.jpg@01D30607.6CF4DA00[10]cid:image004.jpg@01D30607.6CF4DA00
[11]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present. -
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present.
References
Visible links
1. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[DPMC request email]
6. http://www.pmc.gov.au/
7. https://twitter.com/pmc_gov_au
8. https://www.linkedin.com/company/departm...
9. https://twitter.com/indigenous_gov
10. https://www.facebook.com/indigenous.gov....
OFFICIAL
Dear Trav S
Please find attached the decision in relation to your request to the
Department of the Prime Minister and Cabinet under the Freedom of
Information Act 1982.
Yours sincerely
FOI Section | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. (02) 6271 5849
e. [1][DPMC request email] | w. [2]www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
[3]cid:image001.jpg@01D30607.6CF4DA00[4]cid:image002.jpg@01D30607.6CF4DA00[5]cid:image003.jpg@01D30607.6CF4DA00[6]cid:image004.jpg@01D30607.6CF4DA00
[7]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present. -
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present.
References
Visible links
1. mailto:[DPMC request email]
2. http://www.pmc.gov.au/
3. https://twitter.com/pmc_gov_au
4. https://www.linkedin.com/company/departm...
5. https://twitter.com/indigenous_gov
6. https://www.facebook.com/indigenous.gov....
Dear FOI
Thank you for providing a schedule listing the 6 documents
Have a great weekend
Yours sincerely
Trav S
Dear FOI, after careful consideration of all relevant factors, we consider the public interest for disclosure outweighs the public interest against disclosure. We therefore request an internal review. As a minimum please release the documents with material that is not the substantive content of privileged information i.e. the email subject line, address block, salutation, classification, closing words and signature block. Relevantly in Taggart and Civil Aviation Safety Authority (FOI) [2016] AATA 327 Forgie DP decided that such information was not privileged and therefore not exempt under section 42 of the FOI Act.
Please refer to PMC’s 19 March 2012 email to AusAID informing ‘here’s draft text for your consideration, that we propose to brief the new PSPM, Senator Jan McLucas with soon’. The draft is titled ‘amendment of humanitarian overseas service medal (iraq) declaration 2004 to extend to specified commercial contractors’. There are two recommendations for the PSPM, the remaining material describes the amendment’s purpose, key points and other details. The amendment is favourable, the department’s recommendations and brief support the extension of the medal.
FOI Act section 42(2) confirms a document is not exempt if the person entitled to claim the LPP waives the privilege. AusAID was one of the stakeholders entitled to claim LPP, they released documents to the pubic in 2012. A DFAT official unfamiliar with this case advised 'they do not waive LPP in this matter’ however that advice came seven years after AusAID's disclosure. FOI Act Guidelines section 5.142 states ‘LPP does not apply to a communication that is not confidential’. Section 5.1462 states ’The High Court has held that waiver of LPP will occur where the earlier disclosure is inconsistent with the confidentiality protected by the privilege… It is immaterial that the client did not intend to waive privilege.’ Section 5.146 states that LPP ‘may be waived in circumstances where the communication in question has been widely distributed’
AusAID was an independent statutory government agency and a relevant stakeholder in the process. The Agency decided to release documents to the public in 2012 including the 19 March 2012 email with the draft text of the proposed amendment. Since that time the documents were widely distributed to persons including, but not limited to, Federal Members of Parliament and their staff; government officials from various departments, international academics, corporate executives, lawyers, journalists and members of the public.
On 22 April 2013 for an example, the Deputy Leader of the Australian Greens wrote to PSPM Leigh referring to the documents. Around this time DFAT and PMC also received public correspondence citing direct quotes with footnoted references to the documents. Most recently, on 15 Aug 2021, Defence reporter Charles Miranda cited direct quotes from the documents in a Herald Sun Sunday exclusive story titled ’The forgotten ex-SAS band of brothers hired by Australia during the Iraq War’. The story was read by at least several tens of thousands of people in the week following its publication thereby demonstrating the public interest.
Disclosure will achieve the FOI Act's fundamental objects. It will promote Australia’s representative democracy by increasing public participation in government processes, with a view to promoting better-informed decision making. It will promote Australia's representative democracy by increasing due public scrutiny, discussion, comment and review of the department's administrative decision-making. Thank you for your time. Yours sincerely, Trav S
OFFICIAL
Dear Trav S
Thank you for your email below, received by the Department of the Prime
Minister and Cabinet (the Department).
It is not clear in respect of which decision you are seeking internal
review. Please provide the Department’s reference number for the decision,
or provide a copy of the decision, in respect of which you are seeking
internal review.
Yours sincerely
FOI Adviser | FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country, One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [email address] w. [1]pmc.gov.au
[2]cid:image001.jpg@01D78E24.FF2DAFB0[3]cid:image002.jpg@01D78E24.FF2DAFB0
[4]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.
Hi, the department identified six documents meeting the terms of this request. Please refer to FOI/2021/112 and in particular the Schedule of Documents.
Dear FOI,
Can we ask for an update please?
On 10 September 2021 we submitted an internal review request in accordance with the FOI Act. The request contended that public interest factors for disclosure outweighed the those against. Elements of the department's legal professional privilege exemption claim were also challenged.
On 16 September, we confirmed the IR request regarded FOI/2021/112.
Please let me know if you require further detail. Thank you for your time, have a great weekend.
Yours sincerely,
Trav S
OFFICIAL
Dear Trav S
Thank you for your email. Your requests for internal review are under
consideration and we expect to notify you of the decisions in the week
commencing Monday, 18 October 2021.
Yours sincerely
FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country, One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][DPMC request email] w. [2]pmc.gov.au
[3]cid:image001.jpg@01D78E24.FF2DAFB0[4]cid:image002.jpg@01D78E24.FF2DAFB0
[5]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.
OFFICIAL
Dear Trav S
Please find attached the decision on your request for internal review in
relation to your request to the Department of the Prime Minister and
Cabinet under the Freedom of Information Act 1982.
Yours sincerely
FOI Section[]
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country, One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][DPMC request email] w. [2]pmc.gov.au
[3]cid:image001.jpg@01D78E24.FF2DAFB0[4]cid:image002.jpg@01D78E24.FF2DAFB0
[5]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
References
Visible links
1. mailto:[DPMC request email]
2. https://www.pmc.gov.au/
3. https://twitter.com/pmc_gov_au
4. https://www.linkedin.com/company/departm...
Regrettably the integrity and reputation of the HOSM and associated processes is in doubt.
It is unclear if a '1st Assistant Secretary Government Division' is lawfully empowered to refuse a judicial ruling. The department's Section 22 claim is unreasonable in the circumstances.
We look forwards to pursuing this in accordance with the FOI Act. Thank you for your time, have great weekend.