29 documents related to file 12/5946 - HOSM Amendment Regulation: Iraq clasp
Dear FOI,
OPC holds 29 documents related to file '12/5946' - HOSM Amendment Regulation: Iraq clasp'. PM&C claims legal professional privilege over the documents while at the same claims they hold no documents related to the file. We respectfully contend their LPP claim cannot apply to all material contained in the 29 documents. Please accept this FOI request and provide:
1. A document listing each of the 29 documents, recording the date each document was produced, the govt agency/department producing each document, and each document's subject as stated on the document.
2. The metadata for each of the emails contained within the 29 documents.
We will post our challenge to PM&C's LPP claim over the weekend. Thank you for your time. Kind regards, Trav S
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL: Sensitive' nature.
Dear Trav S,
Thank you for your FOI request received by OPC on Thursday 12 August 2021.
OPC's FOI contact officers will look into your request and respond
accordingly within the timeframes specified by the FOI Act.
For documents within the scope of the request, we have adopted a policy of
withholding the following:
- signatures;
- names and contact details of officers other than Senior Executive
Service (SES) officers;
- mobile and direct telephone numbers of SES officers;
- names and contact details of Ministerial staff below Chief of Staff.
If you require any of this information, please let us know so that the
decision-maker can take this into account. Otherwise, we will assume that
you agree to this information being excluded from the scope of your
request. That is, the information will be treated as irrelevant and
redacted from any documents released.
The names and other details of SES officers will not be withheld unless
there is a reason for that information to be exempt from release.
Regards,
FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
t: 02 6120 1400
e: [OPC request email]
w: www.opc.gov.au
P Please consider the environmental impact before you print this email
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL' nature.
Dear Trav S,
In response to your Freedom of Information request received by the Office
of Parliamentary Counsel on 12 August 2021, please find attached a
response from the Agency’s authorised decision-maker under section 23 of
the FOI Act seeking additional information.
Regards,
FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
t: 02 6120 1400
e: [OPC request email]
w: www.opc.gov.au
Please consider the environmental impact before you print this email
Dear FOI,
Thank you for your email.
We agree with your assessment regarding Part 2 of our request, thank you for the correction.
Please amend Part 2 to provide:
'A copy of each email with the following Email Header metadata unredacted - the sender, receiver, subject and timestamp'.
Yours sincerely,
Trav S
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL' nature.
Dear Trav S
Thank you for your response. We will process your FOI request as amended.
Regards
[1]cid:image002.png@01D7531B.28970FD0 FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
t: 02 6120 1400
e: [OPC request email]
w: [2]www.opc.gov.au
P Please consider the environmental impact before you print this email
[3]Indigenous Signature 1
From: Trav S <[FOI #7677 email]>
Sent: Friday, 20 August 2021 12:05 PM
To: FOI <[email address]>
Subject: RE: Freedom of Information request - 29 documents related to file
12/5946 - HOSM Amendment Regulation: Iraq clasp [SEC=OFFICIAL]
Dear FOI,
Thank you for your email.
We agree with your assessment regarding Part 2 of our request, thank you
for the correction.
Please amend Part 2 to provide:
'A copy of each email with the following Email Header metadata unredacted
- the sender, receiver, subject and timestamp'.
Yours sincerely,
Trav S
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL' nature.
Good morning,
In response to your Freedom of Information request originally received by
the Office of Parliamentary Counsel on 12 August 2021, and further
clarified in the correspondence below, please find attached the decision
by the Agency’s authorised decision-maker under section 23 of the FOI Act.
Regards,
[1]cid:image002.png@01D7531B.28970FD0 FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
t: 02 6120 1400
e: [OPC request email]
w: [2]www.opc.gov.au
P Please consider the environmental impact before you print this email
[3]Indigenous Signature 1
From: Trav S <[FOI #7677 email]>
Sent: Friday, 20 August 2021 12:05 PM
To: FOI <[email address]>
Subject: RE: Freedom of Information request - 29 documents related to file
12/5946 - HOSM Amendment Regulation: Iraq clasp [SEC=OFFICIAL]
Dear FOI,
Thank you for your email.
We agree with your assessment regarding Part 2 of our request, thank you
for the correction.
Please amend Part 2 to provide:
'A copy of each email with the following Email Header metadata unredacted
- the sender, receiver, subject and timestamp'.
Yours sincerely,
Trav S
Hi, good evening. Freedom of Information Act section 42(2) confirms a document is not exempt if the person entitled to claim the LPP waives the privilege. The Australian Agency for International Development (AusAID) was one of the stakeholders entitled to claim LPP and they decided to release documents to the pubic in 2012. Towards the end of 2019 OPC sought the advice of a DFAT official unfamiliar with this case who advised 'they do not waive LPP in this matter’. Relevantly this advice came seven years after AusAID had already released documents to the public.
FOI Guidelines section 5.146 states that LPP ‘may be waived in circumstances where the communication in question has been widely distributed’. Please refer to the documents with email subject line ‘HOSM for CRG Contractors in Iraq [SEC=UNCLASSIFIED]' and in particular PMC’s 19 March 2012 email to AusAID stating ‘Further to your recent discussion with Peter, here’s draft text for your consideration, that we propose to brief the new PSPM Senator Jan McLucas, with soon’. Please also refer to the documents with email subject line ‘Humanitarian Overseas Service Medal (Iraq) Declaration [SEC=UNCLASSIFIED]' and in particular PMC’s 11 April 2012 email to AusAID stating ‘we will settle the declaration on the basis of that advice, and brief PSPM next week. Cross your fingers!’.
Since 2012, these 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, public stakeholders and members of the public. FOI Act Guidelines section 5.142 states ‘LPP does not apply to a communication that is not confidential’. On 22 April 2013, 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.
FOI Guidelines 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.’ We respectfully ask OPC takes this into consideration.
We also ask OPC to consider releasing material that is not the substantive content of privileged information such as 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 such information was not privileged material and therefore not exempt under s42. We can assure OPC the purpose or the FOI Act will be served by disclosing an edited copy of any emails otherwise subject to LPP. Thank you for your time. Yours sincerely, Trav S
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL' nature.
Dear Trav S.,
Thank you for your request for an internal review of a FOI Decision that
was received by OPC on 8 September 2021. The matter will be reviewed
within the timeframes specified by the FOI Act and you will be notified of
the decision.
Regards,
[1]cid:image002.png@01D7531B.28970FD0 FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
t: 02 6120 1400
e: [OPC request email]
w: [2]www.opc.gov.au
P Please consider the environmental impact before you print this email
[3]Indigenous Signature 1
From: Trav S <[FOI #7677 email]>
Sent: Wednesday, 8 September 2021 12:13 AM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request - 29 documents
related to file 12/5946 - HOSM Amendment Regulation: Iraq clasp
Hi, good evening. Freedom of Information Act section 42(2) confirms a
document is not exempt if the person entitled to claim the LPP waives the
privilege. The Australian Agency for International Development (AusAID)
was one of the stakeholders entitled to claim LPP and they decided to
release documents to the pubic in 2012. Towards the end of 2019 OPC
sought the advice of a DFAT official unfamiliar with this case who advised
'they do not waive LPP in this matter’. Relevantly this advice came seven
years after AusAID had already released documents to the public.
FOI Guidelines section 5.146 states that LPP ‘may be waived in
circumstances where the communication in question has been widely
distributed’. Please refer to the documents with email subject line ‘HOSM
for CRG Contractors in Iraq [SEC=UNCLASSIFIED]' and in particular PMC’s 19
March 2012 email to AusAID stating ‘Further to your recent discussion with
Peter, here’s draft text for your consideration, that we propose to brief
the new PSPM Senator Jan McLucas, with soon’. Please also refer to the
documents with email subject line ‘Humanitarian Overseas Service Medal
(Iraq) Declaration [SEC=UNCLASSIFIED]' and in particular PMC’s 11 April
2012 email to AusAID stating ‘we will settle the declaration on the basis
of that advice, and brief PSPM next week. Cross your fingers!’.
Since 2012, these 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, public stakeholders and
members of the public. FOI Act Guidelines section 5.142 states ‘LPP does
not apply to a communication that is not confidential’. On 22 April 2013,
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.
FOI Guidelines 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.’ We respectfully ask OPC takes
this into consideration.
We also ask OPC to consider releasing material that is not the substantive
content of privileged information such as 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 such information was not privileged material
and therefore not exempt under s42. We can assure OPC the purpose or the
FOI Act will be served by disclosing an edited copy of any emails
otherwise subject to LPP. Thank you for your time. Yours sincerely, Trav
S
The sender of this email certifies that its contents, and any attachments,
are of an 'OFFICIAL' nature.
Good afternoon,
In response to your request for an internal review of Freedom of
Information request No. 1-2122, received by the Office of Parliamentary
Counsel on 8 September 2021, please find attached the decision by the
Agency’s authorised decision-maker under subsection 23(1) of the FOI Act.
Regards,
[1]cid:image002.png@01D7531B.28970FD0 FOI Contact Officer
a: 28 Sydney Ave Forrest ACT 2603
t: 02 6120 1400
e: [2][OPC request email]
w: [3]www.opc.gov.au
P Please consider the environmental impact before you print this email
[4]Indigenous Signature 1
From: Trav S <[FOI #7677 email]>
Sent: Wednesday, 8 September 2021 12:13 AM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request - 29 documents
related to file 12/5946 - HOSM Amendment Regulation: Iraq clasp
Hi, good evening. Freedom of Information Act section 42(2) confirms a
document is not exempt if the person entitled to claim the LPP waives the
privilege. The Australian Agency for International Development (AusAID)
was one of the stakeholders entitled to claim LPP and they decided to
release documents to the pubic in 2012. Towards the end of 2019 OPC
sought the advice of a DFAT official unfamiliar with this case who advised
'they do not waive LPP in this matter’. Relevantly this advice came seven
years after AusAID had already released documents to the public.
FOI Guidelines section 5.146 states that LPP ‘may be waived in
circumstances where the communication in question has been widely
distributed’. Please refer to the documents with email subject line ‘HOSM
for CRG Contractors in Iraq [SEC=UNCLASSIFIED]' and in particular PMC’s 19
March 2012 email to AusAID stating ‘Further to your recent discussion with
Peter, here’s draft text for your consideration, that we propose to brief
the new PSPM Senator Jan McLucas, with soon’. Please also refer to the
documents with email subject line ‘Humanitarian Overseas Service Medal
(Iraq) Declaration [SEC=UNCLASSIFIED]' and in particular PMC’s 11 April
2012 email to AusAID stating ‘we will settle the declaration on the basis
of that advice, and brief PSPM next week. Cross your fingers!’.
Since 2012, these 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, public stakeholders and
members of the public. FOI Act Guidelines section 5.142 states ‘LPP does
not apply to a communication that is not confidential’. On 22 April 2013,
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.
FOI Guidelines 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.’ We respectfully ask OPC takes
this into consideration.
We also ask OPC to consider releasing material that is not the substantive
content of privileged information such as 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 such information was not privileged material
and therefore not exempt under s42. We can assure OPC the purpose or the
FOI Act will be served by disclosing an edited copy of any emails
otherwise subject to LPP. Thank you for your time. Yours sincerely, Trav
S