1
From:
FOI
To:
SPACCAVENTO,xxxxx
Cc:
s. 22
PAGE,Clare; FOI
Subject:
FW: FOI and Meeting with Jenet Wed 30 May - (FOI C18/1032) - document searches - Fliccy via Right to
Know - Apps, Text messages and other media [DLM=For-Official-Use-Only]
Date:
Tuesday, 29 May 2018 3:52:42 PM
For Official Use Only
Hi xxxxx,
Last Wednesday, the Commission received a new FOI request (detailed below). I
have been discussing this request with Donna Tait to establish how much of our IT
resources would be required to conduct searches.
Donna has confirmed that this request also falls within your group’s responsibilities.
s. 47C
I am currently seeking advice from Donna as to whether such searches would result
in the request being too voluminous and a diversion of the Commission’s recourses.
If you wish to discuss the request in further detail, please do not hesitate to contact
either myself on s. 22
or s. 22
.
Kind regards
s. 22
s. 22
l
FOI Coordinator
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
P: s. 22
l
E: s. 22
s. 22
Important: This e-mail is for the use of the intended recipients only and may contain
information that is confidential, commercially valuable and/or subject to legal
privilege. If you are not the intended recipient you are notified that any review, re-
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disclosure, dissemination or other use of, or taking any action in reliance upon this
2
information is prohibited. If you have received this e-mail in error, please notify the
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together with any attachments.
From: FOI
Sent: Tuesday, 29 May 2018 11:11 AM
To: s. 22
Cc: PAGE,Clare <xxxxx.xxxx@xxxx.xxx.xx>; FOI <xxx@xxxx.xxx.xx>
Subject: FOI and Meeting with Jenet Wed 30 May - (FOI C18/1032) - document searches - Fliccy
via Right to Know - Apps, Text messages and other media [DLM=For-Official-Use-Only]
For Official Use Only
FOI Reference C18/1032
Good morning Donna,
On 23 May 2018, the Commission received a new FOI request via the Right to Know
website, seeking access to :
‘…
APSC produced document for the IPA. Those documents include, but are not
limited to, instant messages (lync, whatsapp or other), text messages, voice mail
messages, emails, meeting agendas, meeting minutes, meeting notes, marked-up
edits and comments (with authors/editors identified), memos, post it notes and
audit details of active events against relevant documents held in
workflow/HPRM /TRIM (demonstrating which APSC staff members accessed,
created and modified relevant documents and the changes they may have made
and when) that in any way relate to the APSC produced document for the IPA
(whether it be the genesis and preparation of that document, its use, its
audience, its recipients (including all third party recipients), its contents,
decisions made in respect of the document, its distribution or otherwise.
Noting those documents will tend to demonstrate illegal activities engaged in by
APSC staff and the Public Service Commissioner, there's a wide public interest in
their production.’
s. 47C
3
s. 47C
s. 47C
Could you please give me a quick call to discuss at your earliest convenience.
Please call myself or s. 22
if you have any questions.
Thank you,
Kind regards
s. 22
s. 22
l
FOI Coordinator
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
P: s. 22
l
E: s. 22
s. 22
Important: This e-mail is for the use of the intended recipients only and may contain
information that is confidential, commercially valuable and/or subject to legal
privilege. If you are not the intended recipient you are notified that any review, re-
transmission,
4
disclosure, dissemination or other use of, or taking any action in reliance upon this
information is prohibited. If you have received this e-mail in error, please notify the
sender immediately and delete all electronic and hard copies of this transmission
together with any attachments.
-----Original Message-----
From: Fliccy <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent: Wednesday, 23 May 2018 2:37 PM
To: FOI <
xxx@xxxx.xxx.xx>
Subject: New FOI request (FOI C18/1032) [SEC=UNCLASSIFIED]
Dear FOI,
Thanks for that - right you are.
I'd like to make an FOI request for access to all documents held by the APSC that
relate to the APSC produced document for the IPA. Those documents include, but are
not limited to, instant messages (lync, whatsapp or other), text messages, voice mail
messages, emails, meeting agendas, meeting minutes, meeting notes, marked-up edits
and comments (with authors/editors identified), memos, post it notes and audit
details of active events against relevant documents held in workflow/HPRM /TRIM
(demonstrating which APSC staff members accessed, created and modified relevant
documents and the changes they may have made and when) that in any way relate to
the APSC produced document for the IPA (whether it be the genesis and preparation
of that document, its use, its audience, its recipients (including all third party
recipients), its contents, decisions made in respect of the document, its distribution
or otherwise.
Noting those documents will tend to demonstrate illegal activities engaged in by
APSC staff and the Public Service Commissioner, there's a wide public interest in their
production.
Thanks.
-----Original Message-----
5
From:
FOI
To:
SPACCAVENTO,xxxxx
Subject:
FOI Request - decision maker FOI Ref: C17/2088 - Fliccys. [SEC=UNCLASSIFIED]
Date:
Thursday, 10 May 2018 3:23:04 PM
22
s. 22
UNCLASSIFIED
Hi xxxxx,
You may recall some time ago that s. 22
issued an email calling for documents from the
various Groups for documents relating to ‘soft or generous EA agreements’. The FOI request was
received via a Pseudonym ‘Fliccy’ through the Right to Know website.
A decision is due on this matter by 6 June 2018.
s. 47C
s. 47C
s. 47C
Kind regards
s. 22
s. 22
l
FOI Coordinator
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
P: s. 22
l
E: s. 22
s. 22
Important: This e-mail is for the use of the intended recipients only and may contain information that is confidential, commercially
valuable and/or subject to legal privilege. If you are not the intended recipient you are notified that any review, re-transmission,
disclosure, dissemination or other use of, or taking any action in reliance upon this information is prohibited. If you have received this
e-mail in error, please notify the sender immediately and delete all electronic and hard copies of this transmission together with any
attachments.
6
From:
FOI
To:
SPACCAVENTO,xxxxx
Cc:
CROSTHWAITE,Kerren; s. 22
Subject:
FW: (FLICCY FOI Request) Seeking Clarification on duplicate/draft documents - FOI request (C17/2088)
[SEC=UNCLASSIFIED]
Date:
Wednesday, 23 May 2018 12:25:31 PM
UNCLASSIFIED
Good afternoon xxxxx
s. 47C
Below is an email from the applicant received today, about his views on not reducing the scope
to exclude duplicate documents.
I look forward to your views this afternoon. Could I ask you to also bring along the hard copy set
of documents.
Many thanks
s. 22
FOI Coordinator
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
E: xxx@xxxx.xxx.xx
Important: This e-mail is for the use of the intended recipients only and may contain information
that is confidential, commercially valuable and/or subject to legal privilege. If you are not the
intended recipient you are notified that any review, re-transmission,
disclosure, dissemination or other use of, or taking any action in reliance upon this information is
prohibited. If you have received this e-mail in error, please notify the sender immediately and
delete all electronic and hard copies of this transmission together with any attachments.
-----Original Message-----
From: Fliccy <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent: Wednesday, 23 May 2018 12:07 PM
To: FOI <xxx@xxxx.xxx.xx>
7
Subject: Re: Seeking Clarification on duplicate/draft documents - FOI request (C17/2088)
[SEC=UNCLASSIFIED]
Dear FOI,
My request, made seven months ago, was for “all documents held by the APSC that relate to the
APSC produced document for the IPA.”
That includes not only all duplicates and drafts, but file notes, instant messages (lync, whatsapp
or other), text messages, voice mail messages, emails, meeting agendas, meeting minutes,
meeting notes, marked-up edits and comments (with authors/editors identified), memos, post it
notes and audit details of active events against relevant documents held in workflow/HPRM
/TRIM (demonstrating which APSC staff members accessed, created and modified relevant
documents and the changes they may have made and when) that in any way relate to the APSC
produced document for the IPA (whether it be the genesis and preparation of that document, its
use, its audience, its recipients (including all third party recipients), its contents, decisions made
in respect of the doucment, its distribution or otherwise).
I do not agree to any reduction in scope of the documents the subject of my request.
The APSC’s General Counsel, in recognition of the public interest in these matters, has entered
into a binding agreement on behalf of the APSC to waive any charges in relation to my request.
To process my request in accordance with the requirements of the FOI Act and the Public Service
Act 1999, the APSC will need to conduct detailed and thorough searches of the APSC’s document
management systems but also the document holdings of every APSC staff member, current and
former, who had any involvement, even if only peripherally, in relation to the APSC produced
document for the IPA. Relevant documents will be held by IPA affiliated APSC staff who were
deeply involved in the matter (J Lloyd, M xxxxxxxxxxx, C Page, C Kelly) but the APSC will also
need to conduct thorough searches of the archived document holdings (maintained in
accordance with the requirements of the Archives Act 1983) of APSC staff who had some
involvement with the document but that have since left the APSC (eg. L Poole, S Foster).
I reject Ms xxxxxxxxxxxx’s spurious claim that releasing the names of the APSC staff members
involved in this matter would be unreasonable including because that would expose those staff
members to “public scrutiny”. That claim has been made for an improper purpose and runs
contra not only to the requirements of subsections 10(4) and 13(1) of the Public Service Act
1999 but also the objects of the FOI Act, including Parliament’s intention expressed at paragraph
3(2)(b) of the FOI Act.
I require the names of each APSC officer involved with this matter including for the purposes of
the Public Service Act 1999, the Public Governance, Performance and Accountability Act 2013,
the Criminal Code Act 1995, the Public Interest Disclosure Act 2013 and the Legal Profession
(Solicitors) Conduct Rules 2015. If APSC staff involved in this matter have complied with their
legal and ethical obligations, they have nothing to fear.
Resolution of these matters is of wide public interest, not least because resolution will offer
invaluable guidance to all APS staff as to what constitutes allowable conduct in respect of their
8
relationships with, and the provision of information and services to, political lobby groups (while
at work or otherwise). Resolution of these matters will also provide public servants with
invaluable advice as to the extent of their obligations to behave in an apolitical and impartial
manner. Clearly, the APSC is not in a position to adjudicate or otherwise resolve these matters in
an apolitical, independent and objective manner.
-----Original Message-----
UNCLASSIFIED
FOI Reference C17/2088
Good afternoon Fliccy
I refer to your FOI request as detailed below.
The statutory timeframe for you to receive your decision falls due on 6 June 2018.
The decision maker is currently assessing the documents relevant to your request and has
determined that there are a number of duplicate documents.
As such, are you agreeable for duplicates to be removed from the scope of the request?
In addition there are a number of draft versions of the documents titled Examples of 'soft'
arrangements in Commonwealth Enterprise agreements. To limit the number of pages and
number of documents you receive, are you agreeable to being provided with the final version of
those documents, or do you require all draft versions of those documents?
Could you please respond by COB Wed 23 May 2018. In the event that we do not receive your
response by this time, we will assume that you are agreeable to removing duplicates and draft
versions.
Kind regards
9
FOI Coordinator
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
E: [email address]
Important: This e-mail is for the use of the intended recipients only and may contain information
that is confidential, commercially valuable and/or subject to legal privilege. If you are not the
intended recipient you are notified that any review, re-transmission,
disclosure, dissemination or other use of, or taking any action in reliance upon this information
is prohibited. If you have received this e-mail in error, please notify the sender immediately and
delete all electronic and hard copies of this transmission together with any attachments.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply
that you make will be published on the internet. More information on how Right to Know works
can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from
your organisation's FOI page.
-------------------------------------------------------------------
10
From:
CONNELL,Jenet
To:
PAGE,Clare; s. 22
CROSTHWAITE,Kerren; SPACCAVENTO,xxxxx
Subject:
RE: FOI Executive Alert - New FOI request - Fliccy via Right to Know C18/1032 - No action required
[DLM=Sensitive]
Date:
Thursday, 24 May 2018 5:45:33 PM
Importance:
High
s. 47C
Team,
s. 47
Jenet Connell l Deputy Commissioner
s. 22
B-Block Treasury Building
EXT: s. 22 l
M: s. 22
From: FOI
Sent: Thursday, 24 May 2018 5:41 PM
To: LLOYD,John <xxxx.xxxxx@xxxx.xxx.xx>; CONNELL,Jenet <xxxxx.xxxxxxx@xxxx.xxx.xx>; VINE-
CAMP,Kerryn <xxxxxx.xxxxxxxxx@xxxx.xxx.xx>
Cc: PAGE,Clare <xxxxx.xxxx@xxxx.xxx.xx>; s. 22
CROSTHWAITE,Kerren <xxxxxx.xxxxxxxxxxx@xxxx.xxx.xx>
Subject: RE: FOI Executive Alert - New FOI request - Fliccy via Right to Know C18/1032 - No
action required [DLM=For-Official-Use-Only]
For Official Use Only
FOI Reference: C18/1032
Alert of FOI request – No action required
Request received from ‘Fliccy’ via Right to Know webpage
Good afternoon,
On Wednesday 23rd May 2018, the Commission received an FOI request from ‘Fliccy’, via the
Right to Know webpage, for access to documents relating to:
Scope of request
‘I'd like to make an FOI request for access to all documents held by the APSC that relate to
11
the APSC produced document for the IPA. Those documents include, but are not limited
to, instant messages (lync, whatsapp or other), text messages, voice mail messages,
emails, meeting agendas, meeting minutes, meeting notes, marked-up edits and
comments (with authors/editors identified), memos, post it notes and audit details of
active events against relevant documents held in workflow/HPRM /TRIM (demonstrating
which APSC staff members accessed, created and modified relevant documents and the
changes they may have made and when) that in any way relate to the APSC produced
document for the IPA (whether it be the genesis and preparation of that document, its
use, its audience, its recipients (including all third party recipients), its contents, decisions
made in respect of the document, its distribution or otherwise.
Noting those documents will tend to demonstrate illegal activities engaged in by APSC
staff and the Public Service Commissioner, there's a wide public interest in their
production.’
Timeframes
The statutory timeframe for the Commission to provide a decision to the applicant will fall on
21
June 2018, subject to any extensions or other timeframes which may extend the processing
under the FOI Act.
If you have any questions about this request or the FOI process, please do not hesitate to
contact me.
Regards
Karen Tulloch l
FOI Coordinator
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
P: s. 22
l
E: s. 22
s. 22
Important: This e-mail is for the use of the intended recipients only and may contain information that is confidential, commercially
valuable and/or subject to legal privilege. If you are not the intended recipient you are notified that any review, re-transmission,
disclosure, dissemination or other use of, or taking any action in reliance upon this information is prohibited. If you have received this
e-mail in error, please notify the sender immediately and delete all electronic and hard copies of this transmission together with any
attachments.
12
From:
FOI
To:
SPACCAVENTO,xxxxx
Cc:
CROSTHWAITE,Kerren;
FOI
Subject:
RE: FOI Request - decision maker FOI Ref: C17/2088 - Fliccy
[SEC=UNCLASSIFIED]
s.
Date:
Tuesday, 29 May 2018 11:32:42 AM
22
s. 22
s. 22
UNCLASSIFIED
Hi xxxxx
s. 47C
In summary the applicant seeks access to:
‘…all documents held by the APSC that relate to the APSC produced document for the IPA.
To narrow the scope of my request I am willing for it to relate only to email documents (ie. emails and any
attachments to those emails) and I am willing for the APSC to disregard all but the last email in email
chains/threads (but only on the basis that the preceding emails in those email chains will be included in the
last email of those email chains). I am also willing for the APSC to disregard any documents within the
scope of my request that have already been made available here:
https://www.righttoknow.org.au/request/3471/response/9986/attach/4/Documents%20C17%201026.pdf
…’
s. 47C
s. 47C
The decision must be finalised before 6
June.
s.
47
C
If you have any questions, please do not hesitate to contact either myself or s. 22
Kind regards
s. 22
s. 22
l
FOI Coordinator
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
P: s. 22
l
E: s. 22
s. 22
Important: This e-mail is for the use of the intended recipients only and may contain information that is
confidential, commercially valuable and/or subject to legal privilege. If you are not the intended recipient you are
notified that any review, re-transmission,
disclosure, dissemination or other use of, or taking any action in reliance upon this information is prohibited. If
you have received this e-mail in error, please notify the sender immediately and delete all electronic and hard
13
copies of this transmission together with any attachments.
From: SPACCAVENTO,xxxxx
Sent: Monday, 14 May 2018 10:17 AM
To: FOI <xxx@xxxx.xxx.xx>
Cc: s. 22
Subject: RE: FOI Request - decision maker FOI Ref: C17/2088 - Fliccys. [SEC=UNCLASSIFIED]
22
UNCLASSIFIED
Hi s.
22
Thanks. I would appreciate the opportunity to discuss.
I’ll ask s. 22 to set up a time with you.
Thanks
xxxxx
From: FOI
Sent: Thursday, 10 May 2018 3:23 PM
To: SPACCAVENTO,xxxxx
<xxxxx.xxxxxxxxxxx@xxxx.xxx.xx>
Subject: FOI Request - decision maker FOI Ref: C17/2088 - Fliccys. [SEC=UNCLASSIFIED]
22
UNCLASSIFIED
Hi xxxxx,
You may recall some time ago that s. 22
issued an email calling for documents from the various Groups for documents
relating to ‘soft or generous EA agreements’. The FOI request was received via a Pseudonym ‘Fliccy’ through the Right to
Know website.
A decision is due on this matter by 6 June 2018.
s. 47C
Kind regards
s.
22
s. 22
l
FOI Coordinator
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
P:
l
E:
s. 22
s. 22
s. 22
Important: This e-mail is for the use of the intended recipients only and may contain information that is confidential, commercially valuable and/or subject to legal privilege.
If you are not the intended recipient you are notified that any review, re-transmission,
disclosure, dissemination or other use of, or taking any action in reliance upon this information is prohibited. If you have received this e-mail in error, please notify the sender
14
immediately and delete all electronic and hard copies of this transmission together with any attachments.
Document Outline
