FOI
From:
FOI
Sent:
Monday, 19 February 2018 11:14 AM
To:
LLOYD,John; CONNELL,Jenet; VINE-CAMP,Kerryn
Cc:
CROSTHWAITE,Kerren;s. 47F
Subject:
FOI: New Information Commissioner review matter. Dyer. (C18/530)
[DLM=Sensitive:Legal]
Attachments:
MR18/00062 request for review of APSC access refusal; Freedom of Information request
- APSC produced document for the IPA
Sensitive: Legal
LEGAL IN CONFIDENCE
Good morning,
Further to previous emails, the Commission has additionally received the below notification from the Office of the
Australian Information Commissioner (OAIC), as to a further Information Commissioner review matter.
Background
The applicant, previously known as Fliccy, seeks access to email documents relating to the creation of a document
released as part of a historical FOI decision relating to correspondence between the Commission and IPA. The IPA
FOI matter was discussed in the October estimates.
The relevant document, referred to as the EA Document, is titled ‘soft arrangements in Commonwealth enterprise
agreements’ and compiles a number of terms and conditions from agreed enterprise agreements. (pages 16‐28
here).
The applicant expresses strong personal views in the content of their original request (second email
attached),
including making allegations against agency employees. The original request was made via the website Right to
Know.
Issues / OAIC position The applicant contends the charges determination issued on 15 January 2018.
s. 47C
1
s. 47C
Kindest regards,
s. 47F
From:s. 47F
Sent: Wednesday, 14 February 2018 4:06 PM
To: FOI
Subject: MR18/00062 - Notice of IC review and request for documents [SEC=UNCLASSIFIED]
Our reference: MR18/00062
Your reference: C17/2088
FOI Contact Officer
Australian Public Service Commission
By email: xxx@xxxx.xxx.xx
Dear FOI Contact Officer
2
Notice of IC review and request for documents
Ms Dyer has requested that the Information Commissioner review the Australian Public Service
Commission’s (APSC) decision of 12 January 2018 under the
Freedom of Information Act 1982 (the FOI
Act). The application for review is attached.
I write under s 54Z of the FOI Act to notify you that the OAIC will review the decision of the APSC in
relation to the charge of $233.77.
This email provides the APSC with the opportunity to issue a revised decision or provide further
submissions in light of my view as case officer that APSC has not discharged its onus to justify its decision
that a charge should be imposed in relation to the applicant’s request. I note that on the material
presently before the OAIC, a recommendation in line with this view will be made to the Information
Commissioner.
Request for information and submissions
Part 4 of the FOI Guidelines provides guidance regarding the imposition of charges. In particular, I draw the
APSC’s attention to the following paragraphs:
4.3 An agency or minister has a discretion to impose or not impose a charge, or impose a charge
that is lower than the applicable charge, under reg 3 of the Charges Regulations. In exercising that
discretion, the agency or minister should take account of the ‘lowest reasonable cost’ objective,
stated in the objects of the FOI Act (s 3(4)):
… functions and powers given by this Act are to be performed and exercised, as far as possible, to
facilitate and promote public access to information, promptly and at the lowest reasonable cost.[1]
4.4 Agencies and ministers should interpret the ‘lowest reasonable cost’ objective broadly in
imposing any charges under the FOI Act. That is, an agency or minister should have regard to the
lowest reasonable cost to the applicant, to the agency or minister, and the Commonwealth as a
whole. Where the cost of calculating and collecting a charge might exceed the cost to the agency to
process the request, it would generally be more appropriate not to impose a charge.[2] In assessing
the costs of calculating and collecting a charge, agencies should also take into account the likely
costs that may be incurred by the agency, as well as other review bodies, if the applicant decides to
seek further review.
I would also like to draw the APSC’s attention to the Administrative Appeals Tribunal decision in
MacTiernan and Secretary, Department of Infrastructure and Regional Development (Freedom of
Information) [2015] AATA 584, where the Tribunal compared the number of documents within the scope
of the FOI request and the cost of processing the FOI request against the subject matter of the FOI
request. In that case, the Tribunal found that giving access to the documents would be in the ‘general
public interest’ and the charge ought to be waived under s 29(4) of the FOI Act.
In this case, on the material presently before the OAIC, in my view as case officer it would be open to the
Information Commissioner to waive or reduce the charge of $233.77 because:
the lowest reasonable cost objective should be interpreted broadly taking into account “the lowest
reasonable cost to the applicant, to the agency or minister, and the Commonwealth as a whole”
(FOI Guidelines at [4.4])
3
an “estimated charge must be as fair and accurate as possible” (See FOI guidelines at [4.53] and
Australian Associated Press Pty Ltd and Department of Foreign Affairs and Trade (Freedom of
Information) [2017] AICmr 131). As the APSC has already located a de‐identified document within
scope, this should reduce the decision making time and as result necessarily the cost involved
the imposition of a “charge must not be used to unnecessarily delay access or discourage an
applicant from exercising the right of access conferred by the FOI Act” (
Australian Associated Press
Pty Ltd and Department of Foreign Affairs and Trade (Freedom of Information) [2017] AICmr 131 at
[19] and FOI Guidelines at [4.5] and [4.53]), and
the concept of public interest is of “wide import and cannot be exhaustively defined” (See FOI
guidelines at [4.83] and
Australian Associated Press Pty Ltd and Department of Foreign Affairs and
Trade (Freedom of Information) [2017] AICmr 131). The APSC determined that disclosure of the
documents is not in the public interest as the documents identified within the scope of the request
were created “three years ago” and “no public debate about the documents relating to the EA
documents exists”. However, on the material presently before the OAIC it appears that disclosure
of the documents requested would be in the general public interest since it would increase
transparency on the APSC’s development of the EA Document.
In light of the above the OAIC invites the APSC to please provide by
7 March 2018:
a revised decision under s 55G of the FOI Act if the APSC is of the view that no charge should be
imposed in relation to processing the applicant’s request,
or
if the APSC does not wish to make a revised decision:
o submissions that address the discussion above
o any other submissions the APSC wishes to make in support of its decision
o any documentary evidence which supports the APSC’s charges estimate, and
o information about your charges estimate. In particular, this information broken down into
component parts – for example: the estimated number of documents within the scope
of the request, details of any sampling undertaken, the time estimated for search and
retrieval, examination of documents, undertake consultations, write decision, etc.
Conduct of the IC review
In requesting the above information, I draw your attention to the following provisions:
Section 55D of the FOI Act provides that the agency or Minister concerned has the onus of
establishing that a decision given in respect of the request or application is justified or the
Information Commissioner should give a decision adverse to the IC review applicant.
Section 55DA of the FOI Act requires agencies and ministers to assist the Information Commissioner
in conducting an IC review.
Section 55Z of the FOI Act authorises agencies and ministers to provide information for the purposes
of an IC review and provides a protection from liability for doing so.
The Information Commissioner will share the submissions you provide during IC review with the applicant.
Contact details
Please send your response to this notice to xxxxx@xxxx.xxx.xx by
7 March 2018.
If you wish to discuss the matter in the interim please contact us xxxxx@xxxx.xxx.xx
or by phone on 1300
363 992.
Please ensure you quote the OAIC reference number above in all correspondence.
4
Kind Regards
s. 47F
Review Officer | Freedom of Information Dispute Resolution
Office of the Australian Information Commissioner GPO Box 5218 SYDNEY NSW 2001| www.oaic.gov.au
s. 47F
Protecting information rights – advancing information policy
***********************************************************************
WARNING: The information contained in this email may be confidential.
If you are not the intended recipient, any use or copying of any part
of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
***********************************************************************
5
FOI
From:
Fliccy D <Fliccy x@xxxxxxxxxx.xxx>
Sent:
Tuesday, 23 January 2018 7:50 AM
To:
Enquiries
Subject:
MR18/00062 request for review of APSC access refusal
Hello
I’d like to make an application for Information Commissioner review of an access refusal decision made by
the APSC.
My application, the APSC’s responses to that application, and my contentions as to why release of the
documents is in the general public interest (per my correspondence to the APSC dated 2/11/17, 15/11/17
and 9/1/18) are set out here:
https://www.righttoknow.org.au/request/apsc produced document for the i
Should you require additional information, please contact me by reply email.
Regards
F Dyer.
1
FOI
From:
Fliccy <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Thursday, 2 November 2017 8:41 AM
To:
FOI
Subject:
Freedom of Information request - APSC produced document for the IPA
Dear Australian Public Service Commission,
The following is an FOI request.
I refer the APSC to the following media coverage:
https://www.crikey.com.au/2017/10/24/libertarians‐get‐a‐helping‐hand‐from‐government/
http://www.canberratimes.com.au/national/public‐service/apsc‐boss‐john‐lloyd‐defends‐link‐to‐rightwing‐think‐
tank‐ipa‐at‐senate‐20171023‐gz69na.html
https://www.themandarin.com.au/85236‐three‐good‐old‐dust‐ups‐from‐the‐first‐day‐of‐estimates/
As I understand, that media coverage relates to this FOI decision:
https://www.righttoknow.org.au/request/ipa_and_hr_hicholls_society_docu and specifically, the production of a 13
page document by APSC staff (titled “Examples of ‘soft’ arrangements in Commonwealth enterprise agreements”
(the “APSC produced document for the IPA”) beginning at page 16 of this document
https://www.righttoknow.org.au/request/3471/response/9986/attach/4/Documents%20C17%201026.pdf ) for the
use and benefit of far right wing political extremist group, the Institute of Public Affairs (the ‘IPA’) – a political group
for which the current Public Service Commissioner is a contributing member, and former director.
As I understand from the articles and the FOI documents referred to above, certain APSC staff consider it an
appropriate use of scarce Commonwealth resources/taxpayer money to provide research and authoring services to
the IPA in order to further the political objectives of the IPA and its membership (including the Public Service
Commissioner).
I request 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
The APSC staff who took part in the preparation of the APSC produced document for the IPA have likely acted
illegally (noting the obligations, prohibitions and criminal offences established by the Public Service Act 1999, the
Public Governance, Performance and Accountability Act 2013 and the Criminal Code Act 1995) and so part of the
purpose of my request is to ensure that those officers are brought to justice.
While I understand that the Public Service Commissioner was intimately involved in the preparation of the
document at issue, I understand that other APSC staff had some involvement in the preparation of the document.
I note, for example, from pg 9 of 32 of the document available here:
https://www.righttoknow.org.au/request/3471/response/9986/attach/4/Documents%20C17%201026.pdf that the
APSC’s Group Manager Corporate thinks it appropriate to copy in members of the IPA into intra senior management
APSC communications as if those IPA members are on the APSC’s/Commonwealth’s payroll and part of the APSC’s
1
senior management team and so perhaps the APSC’s Group Manager Corporate played some part in the preparation
of the document at issue.
I remind the APSC of the following:
‐
the objects of the FOI Act which relevantly include “increasing scrutiny, discussion, comment and review of
the Government’s activities”, “increasing recognition that information held by the Government is to be managed for
public purposes, and is a national resource” and “that functions and powers given by [the FOI Act] are to be
performed and exercised, as far as possible, to facilitate and promote public access to information, promptly and at
the lowest reasonable cost”.
‐
the criminal offence established by section 24 of the Archives Act 1983; and
‐
the obligations imposed on APSC staff by the Public Service Act 1999 (in particular the obligations to behave
honestly, apolitically, with integrity and transparently) and the Public Governance, Performance and Accountability
Act 2013.
Further, if any member of the APSC’s Legal Group who holds a practising certificate processes this request (or
indeed if they were involved in the preparation of the document at issue), I remind those APSC officers of their
professional obligations in relation to their paramount duty to the administration of justice and to avoid any conduct
which may be seen to compromise their integrity and professional independence.
I also note relevant advice from the FOI Guidelines that provides that “[w]here public servants’ personal information
is included in a document because of their usual duties or responsibilities, it would not be unreasonable to disclose
unless special circumstances existed” and that “[w]hen considering whether it would be unreasonable to disclose
the names of public servants, there is no basis under the FOI Act for agencies to start from the position that the
classification level of a departmental officer determines whether his or her name would be unreasonable to
disclose. In seeking to claim the exemption an agency needs to identify the special circumstances which exist rather
than start from the assumption that such information is exempt.”
Lastly, I note that it would be clearly improper (at least from the perspective of an ethical, honest and law abiding
public servant) for this request to be processed by any person who has any affiliation whatsoever with the Liberal
Party, the IPA or any other far right wing political extremist group. To the extent that there are any authorised
officers at the APSC who have no such affiliations, I request that they process this request independently of other
APSC officers who are affiliated with extremist groups of that persuasion.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
foi+request‐4192‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Is xxx@xxxx.xxx.xx the wrong address for Freedom of Information requests to Australian Public Service
Commission? If so, please contact us using this form:
https://www.righttoknow.org.au/change_request/new?body=apsc
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.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
2
FOI
From:
s. 47F
Sent:
Tuesday, 4 June 2019 12:36 PM
To:
xxxxxxxxxxxx, xxxxxxxx; s. 47F
Subject:
FOI report for this afternoon [DLM=Sensitive:Legal]
Attachments:
2019-06-04_FOI executive report.docx
UNCLASSIFIED Sensitive: Legal
Hello,
FYI – updated report
attached.
I will bring paper copies this afternoon.
Kind regards,
s. 47F
This email and any attachments may contain confidential or legally privileged information, and neither are waived or lost if the
email has been sent in error. If you have received this email in error, please delete it (including any copies) and notify the sender.
Please consult with APSC Legal Services before using disclosing any part of this email or attachments to a third party.
1
FOI status report as at 4 June 2019
Legal in confidence
Statistics overview for period 15 May – 4 June 2019
FOI requests
New FOI matters this period
5
2018/19 year
Last financial
Matters finalised this period
4
(at 31 March)
year (total)
Internal reviews
Total primary FOI requests received 46
61
New IR matters this period
0
Total internal reviews received
5
10
IR matters finalised this period
0
Total IC reviews received
5
Information Commissioner reviews
New IC review matters this period
0
IC review matters finalised this
0
period
Courtesy consultations with the APSC
New consultations this period
0
Consultations finalised this period
0
Total of al active matters
8
Active primary and internal review FOI requests
APS
C
D
at
e
due
Da
te
A
ppli
ca
nt
Sc
op
e
of
re
que
st
D
e
cis
io
n Ma
k
er S
ta
t
us
reference
received
1. s. 22
1
FOI status report as at 4 June 2019
Legal in confidence
s. 22
2. C19/931 16/6/19 17/5/19 Fliccy RTK
Copies of any documents within all of xxxxx s. 47F
Acknowledgement sent
(Sunday
xxxxxxxxxxx’s email account (including
=
drafts and deleted items) that contain my
Document retrieval
17/6/19)
name/personal information: “Fliccy”.
underway
3. s. 22
4.
2
FOI status report as at 4 June 2019
Legal in confidence
5. s. 22
6.
Al actions finalised in the period (includes primary and internal review FOI matters, IC reviews, complaints and courtesy consultation outcomes)
APS
C
D
at
e
Dat
e
A
ppl
ic
a
nt S
c
ope
o
f r
e
ques
t
D
ec
isi
o
n Ma
ke
r
S
tat
us
reference due
received
7. s. 22
8.
3
FOI status report as at 4 June 2019
Legal in confidence
9. s. 22
10.
Office of Australian Information Commissioner (IC) reviews and complaints
APS
C
D
at
e
OA
IC
A
ppli
ca
nt
Mat
te
r
Ba
ck
gr
o
und a
nd m
att
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s
um
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ary
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at
us
reference received reference
type
1. s. 22
4
FOI status report as at 4 June 2019
Legal in confidence
2. C18/1941 8/10/18 MR18/00655 Fliccy
Review
Applicant sought review of access
ACTIVE
refusal decision relating to original
OAIC has sought APSC Submissions.
request for ‘IPA produced document’. APSC to provide re-drafted decision
Documents and submissions provide
in response to 54Z notice
3. C18/1942 8/10/18 MR18/00654 Fliccy
Review
As above. Documents and
ACTIVE
submissions provide in response to
See C18/1942
54Z notice
OAIC has sought APSC Submissions.
APSC to provide re-drafted decision
4. s. 22
5.
Courtesy consultations received from external agencies
5
FOI status report as at 4 June 2019
Legal in confidence
D
at
e
D
at
e
Age
nc
y
se
e
ki
ng
c
o
ns
ult
ati
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um
ma
ry
o
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received due
1.
6
FOI
From:
s. 47F
Sent:
Wednesday 10 January 2018 12:29 PM
To:
s. 47F
Subject:
FW: Working from home - Wednesday [SEC=UNCLASSIFIED]
But you meant the other papers didn’t you?
From:s. 47F
Sent: Wednesday, 10 January 2018 12:29 PM
To: s. 47F
Subject: RE: Working from home - Wednesday [SEC=UNCLASSIFIED]
Hi, glad all went well.
I actually have already taken the clean copy of the decision upstairs.
Thanks
s. 47F
From:s. 47F
Sent: Wednesday, 10 January 2018 12:05 PM
To:s. 47F
Subject: RE: Working from home - Wednesday [SEC=UNCLASSIFIED]
Hi s. 47F
s. 47F
I have reviewed your email re: Fliccy/ Monday’s meeting and will prepare a short set of papers to pass up this
afternoon.
See you on Monday.
s. 47F
From:s. 47F
Sent: Wednesday, 10 January 2018 10:37 AM
To: s. 47F
Subject: Working from home - Wednesday [SEC=UNCLASSIFIED]
UNCLASSIFIED
Hi there
I will be working from home today for the rest of the day.
My mobile iss. 47F
This can be a bit sketchy, so my landline may be better to call me on s. 47F
Cheers
s. 47F
1
FOI
From:
s. 47F
Sent:
Wednesday, 10 January 2018 10:28 AM
To:
s. 47F
Subject:
RE: Fliccy. [SEC=UNCLASSIFIED]
Attachments:
For feedback please.docx
UNCLASSIFIED
His. 47F
I hope all went well this morning.
As you will see in the Squirrel container, there are two versions of the proposed letter, one with the
comments/questions and one ‘clean’ copy without.
I decided that it wasn’t a good look for us to send a letter for feedback with comments, so I popped the clean copy
letter upstairs, together with an explanatory note (attached).
s. 47F is aware of this letter. I also spoke withs.
to
47F say that perhaps we don’t need to have next Monday’s
meeting, but she said she would keep it booked in. At least she knows it may not go for the whole 30 minutes.
Thanks
s. 47F
From:s. 47F
Sent: Tuesday, 9 January 2018 3:38 PM
To:s. 47F
Subject: Fliccy. [SEC=UNCLASSIFIED]
I have reviewed the changes to the letter. Nothing to add.
s. 47F
1
For feedback please
Critical date: 15 January 2018
Contact details:s. 47F
You indicated that you would like to see outgoing correspondence in relation to potential y
contentious FOI matters.
Please see enclosed proposed letter to Fliccy about the charges the Commission has sought to
impose.
As discussed at our meeting on 8 January 2018, the Commission could offer to provide the
information through administrative release.
The letter has been drafted to seek your feedback on the proposed approach – if you have any
queries, please contact eithers. 47F
or me.
Thank you.
s. 47F
FOI
From:
s. 47F
Sent:
Tuesday 9 January 2018 3:59 PM
To:
s. 47F
Subject:
RE: Fliccy. [SEC=UNCLASSIFIED]
UNCLASSIFIED
Thanks
From:s. 47F
Sent: Tuesday, 9 January 2018 3:38 PM
To s. 47F
Subject: Fliccy. [SEC=UNCLASSIFIED]
I have reviewed the changes to the letter. Nothing to add.
s. 47F
1
FOI requests as at 3 July 2019
Statistics this period
Previous Financial Year 2017-18
New requests
2
Requests on hand
7
Requests received
61
Internal Reviews on hand
0
Internal Reviews
10
Information Commissioner (IC)
IC Reviews on hand
3
IC Complaint
1
Consultations on hand
0
2018-19 FYTD
Total requests received FYTD
17
Internal Reviews received FYTD
3
IC Reviews received FYTD
8
Current FOI requests for action
FOI Ref
Due date Applicant
Scope summary
Decision
Status
Maker
1. s. 22
2.
3.
Legal in Confidence
FOI requests as at 3 July 2019
4. s. 22
5.
6.
Legal in Confidence
FOI requests as at 3 July 2019
7. s. 22
Office of Australian Information Commissioner (IC) Reviews and Complaints
1. s. 22
2.
3. C18/1942
Fliccy via Right to
IC review of Nil documents decision –
• On 8 Oct 18 OAIC request further documents and
Know – IC review
Documents ‘prepared’ for the IPA.
submissions to support searches and decision.
• APSC provided submissions on 30 Oct 18. Awaiting
response from OAIC.
4. C18/1941
Fliccy via Right to
IC review of Nil documents decision –
• On 8 Oct 18 OAIC request further documents and
Know – IC review
Documents and meta data and electronic apps
submissions to support searches and decision.
for Documents’ prepared’ for the IPA.
Legal in Confidence
FOI requests as at 3 July 2019
• APSC provided submissions on 30 Oct 18. Awaiting
response from OAIC.
FOI Consultations/requests by External Agencies to APSC
Legal in Confidence
FOI
From:
s. 47F
Sent:
Monday 18 December 2017 12:05 PM
To:
s. 47F
Subject:
RE: I'm now up and running [SEC=UNCLASSIFIED]
UNCLASSIFIED
Ta
From:s. 47F
Sent: Monday, 18 December 2017 12:02 PM
To:s. 47F
Subject: RE: I'm now up and running [SEC=UNCLASSIFIED]
YEY!
s. 47F
and see you on Wednesday
From s. 47F
Sent: Monday, 18 December 2017 12:01 PM
To s. 47F
Subject: RE: I'm now up and running [SEC=UNCLASSIFIED]
UNCLASSIFIED
Thank you
And we have our last exec catch up for the year on Wednesday.
I am super hoping the be able to have tomorrow off work (39 degrees notwithstanding!), so I will see you on
Wednesday.
s. 47F
From: s. 47F
Sent: Monday, 18 December 2017 11:54 AM
To s. 47F
Subject: RE: I'm now up and running [SEC=UNCLASSIFIED]
H s. 47F
Thanks for confirming.
I can see thats. 47F has the exec. Meeting tomorrow morning as well, so I will prepare the spread sheet update
now and send it through to you to print/pass over if that’s okay.
s. 47F
From: s. 47F
Sent: Monday, 18 December 2017 11:49 AM
1
FOI
From:
s. 47F
Sent:
Wednesday, 10 January 2018 2:10 PM
To:
s. 47F
Subject:
RE: Update [SEC=UNCLASSIFIED]
Thank you
Hopes. 47Fis well, I was thinking of her this morning and was planning to send a message to see if she can catchup in
the next few weeks.
March will no doubt be here before we know it, but it also seems quite some time away!
From s. 47F
Sent: Wednesday, 10 January 2018 2:09 PM
To:s. 47F
Subject: RE: Update [SEC=UNCLASSIFIED]
Ooh, well done you getting the Fliccy letter done without changes!!
That’s awesome!
I am happy to sign and send it tomorrow – thank you.
s. 47F
I’ve just been speaking with
about work and her return, I think she’s looking forward to getting back
Cheers
s. 47F
From:s. 47F
Sent: Wednesday, 10 January 2018 2:04 PM
To:s. 47F
Subject: Update [SEC=UNCLASSIFIED]
Hi s. 47F
I have just spoken withs. 47F She will not have an opportunity to speak with the Commissioner this afternoon
regarding the meeting, so we considered that given the short number of matters and that no information is new,
that we would prepare any agenda/papers on Monday morning and put them up at that time (rather than we
dedicate time this afternoon that may become redundant).
Also, the Commissioner has sighted and agrees with the Fliccy corro. No further comments were made and no
changes were recommended.
Are you comfortable if I leave a printed version on your desk for you to sign/send tomorrow, or would you prefer I
ask another delegate to sign and send this afternoon?
s. 47F
1
FOI
From:
s. 47F
Sent:
Wednesday 10 January 2018 12:30 PM
To:
s. 47F
Subject:
RE: Working from home - Wednesday [SEC=UNCLASSIFIED]
Cool, thanks!!
From:s. 47F
Sent: Wednesday, 10 January 2018 12:30 PM
To: s. 47F
Subject: RE: Working from home - Wednesday [SEC=UNCLASSIFIED]
Sorry for any confusion – I meant for the meeting.
s. 47F
popped down a few minutes ago and said she will try and speak with the Cmr to confirm if Monday’s
meeting will go ahead.
I will give it an hour or two then prepare the agenda if she hasn’t confirmed either way.
s. 47F
From:s. 47F
Sent: Wednesday, 10 January 2018 12:29 PM
To: s. 47F
Subject: RE: Working from home - Wednesday [SEC=UNCLASSIFIED]
Hi, glad all went well.
I actually have already taken the clean copy of the decision upstairs.
Thanks
s. 47F
From:s. 47F
Sent: Wednesday, 10 January 2018 12:05 PM
To s. 47F
Subject: RE: Working from home - Wednesday [SEC=UNCLASSIFIED]
His. 47F
All went quite well this morning, and now thats. 47F
s. 47F
I have reviewed your email re: Fliccy/ Monday’s meeting and will prepare a short set of papers to pass up this
afternoon.
See you on Monday.
s. 47F
1
From:s. 47F
Sent: Wednesday, 10 January 2018 10:37 AM
To: s. 47F
Subject: Working from home - Wednesday [SEC=UNCLASSIFIED]
UNCLASSIFIED
Hi there
I will be working from home today for the rest of the day.
My mobile iss. 47F
s. 47F
This can be a bit sketchy, so my landline may be better to call me on
Cheers
s. 47F
2
FOI
From:
s. 47F
Sent:
Friday 23 February 2018 12:59 PM
To:
s. 47F
Subject:
Update from meeting with Cmr 21/2/18 [DLM=Sensitive:Legal]
Sensitive: Legal
His. 47F
As you know, I met with the Commissioner regarding the new matters (2x IC review ands. 22
internal review) late
on Wednesday.
The draft proposed agreement and cover email in the first IC matter (C17/1053) were discussed and approved.
The Commissioner accepts the advice in relation to the two new charges matters, and agrees that we will now
proceed to make decisions. We discussed the reasons for this in brief, and what the decisions are likely to look like
s. 22
and in the
Fliccy matter we will likely release the majority of email content, but seek to protect agency employee personal
privacy).
I explained that making decisions will not end the proceedings, but will likely continue as a review of the decisions
themselves (as opposed to a review of the decision to apply charges).
We briefly discussed the s. 22
and I provided a short update – namely thats. 22 have been
delayed in responding to the IC and so we will continue to wait until such time that the IC are aware we have been
notified as third parties (and we know they have accepted this notice) before we take action.
s. 22
RE: the
matter, the Commissioner is keen for us to take steps to disengage from the circular
correspondence, and I mentioned we are likely to write to the applicant setting clear expectations around the types
of communication they will not receive a response to.
I hope the above makes sense, see you Monday!
s. 47F
1
FOI status report as at 11 June 2019
Legal in confidence
Statistics overview for period 4 June – 11 June 2019
FOI requests
New FOI matters this period
0
2018/19 year
Last financial
Matters finalised this period
4
(at 31 March)
year (total)
Internal reviews
Total primary FOI requests received 46
61
New IR matters this period
0
Total internal reviews received
5
10
IR matters finalised this period
0
Total IC reviews received
5
Information Commissioner reviews
New IC review matters this period
0
IC review matters finalised this
0
period
Courtesy consultations with the APSC
New consultations this period
0
Consultations finalised this period
0
Total of al active matters
8
Active primary and internal review FOI requests
APS
C
D
at
e
due
Da
te
A
ppli
ca
nt
Sc
op
e
of
re
que
st
D
e
cis
io
n Ma
k
er S
ta
t
us
reference
received
1. C19/931 16/6/19 17/5/19 Fliccy RTK
Copies of any documents within all of xxxxx s. 47F
Draft redactions sent to
(Sunday
xxxxxxxxxxx’s email account (including
xxxxx xxxxxxxxxxx for
=
drafts and deleted items) that contain my
consideration
17/6/19)
name/personal information: “Fliccy”.
2. s. 22
1
FOI status report as at 11 June 2019
Legal in confidence
3. s. 22
4.
5.
6.
2
FOI status report as at 11 June 2019
Legal in confidence
s. 22
Al actions finalised in the period (includes primary and internal review FOI matters, IC reviews, complaints and courtesy consultation outcomes)
APS
C
D
at
e
Dat
e
A
ppl
ic
a
nt S
c
ope
o
f r
e
ques
t
D
ec
isi
o
n Ma
k e
r
S
tat
us
reference due
received
7.
Office of Australian Information Commissioner (IC) reviews and complaints
APS
C
D
at
e
OA
IC
A
ppli
ca
nt
Mat
te
r
Ba
ck
gr
o
und a
nd m
att
er
s
um
m
ary
St
at
us
reference received reference
type
1. s. 22
3
FOI status report as at 11 June 2019
Legal in confidence
s. 22
2. C18/1941 8/10/18 MR18/00655 Fliccy
Review
Applicant sought review of access
ACTIVE
refusal decision relating to original
OAIC has sought APSC Submissions.
request for ‘IPA produced document’. APSC to provide re-drafted decision
Documents and submissions provide
in response to 54Z notice
3. C18/1942 8/10/18 MR18/00654 Fliccy
Review
As above. Documents and
ACTIVE
submissions provide in response to
See C18/1942
54Z notice
OAIC has sought APSC Submissions.
APSC to provide re-drafted decision
4. s. 22
5.
4
FOI status report as at 11 June 2019
Legal in confidence
Courtesy consultations received from external agencies
D
at
e
D
at
e
Age
nc
y
se
e
ki
ng
c
o
ns
ult
ati
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um
ma
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o
f
do
cu
m
e
nts
i
n s
co
pe
Sta
t
us
received due
1.
5
FOI status report as at 28 May 2019
Legal in confidence
Statistics overview for period 15 May – 28 May 2019
FOI requests
New FOI matters this period
5
2018/19 year
Last financial
Matters finalised this period
2
(at 31 March)
year (total)
Internal reviews
Total primary FOI requests received 46
61
New IR matters this period
0
Total internal reviews received
5
10
IR matters finalised this period
0
Total IC reviews received
5
Information Commissioner reviews
New IC review matters this period
0
IC review matters finalised this
0
period
Courtesy consultations with the APSC
New consultations this period
0
Consultations finalised this period
0
Total of al active matters
10
Active primary and internal review FOI requests
APS
C
D
at
e
due
Da
te
A
ppli
ca
nt
Sc
op
e
of
re
que
st
D
e
cis
io
n Ma
k
er
S
ta
t
us
reference
received
1. s. 22
1
FOI status report as at 28 May 2019
Legal in confidence
5. s. 22
6.
7.
8.
3
FOI status report as at 28 May 2019
Legal in confidence
Al actions finalised in the period (includes primary and internal review FOI matters, IC reviews, complaints and courtesy consultation outcomes)
APS
C
D
at
e
Dat
e
A
ppl
ic
a
nt S
c
ope
o
f r
e
ques
t
D
ec
isi
o
n Ma
ke
r
S
tat
us
reference due
received
9. s. 22
10.
Office of Australian Information Commissioner (IC) reviews and complaints
APS
C
D
at
e
OA
IC
A
ppli
ca
nt
Mat
te
r
Ba
ck
gr
o
und a
nd m
att
er
s
um
m
ary
St
at
us
reference received reference
type
1. s. 22
4
FOI status report as at 28 May 2019
Legal in confidence
s. 22
2. C18/1941 8/10/18 MR18/00655 Fliccy
Review
Applicant sought review of access
OAIC has sought APSC Submissions.
refusal decision relating to original
APSC to provide re-drafted decision
request for ‘IPA produced document’.
Documents and submissions provide
in response to 54Z notice
3. C18/1942 8/10/18 MR18/00654 Fliccy
Review
As above. Documents and
OAIC has sought APSC Submissions.
submissions provide in response to
APSC to provide re-drafted decision
54Z notice
4. s. 22
5.
5
FOI status report as at 28 May 2019
Legal in confidence
Courtesy consultations received from external agencies
D
at
e
D
at
e
Age
nc
y
se
e
ki
ng
c
o
ns
ult
ati
o
n S
um
ma
ry
o
f
do
cu
m
e
nts
i
n s
co
pe
Sta
t
us
received due
1.
6
FOI
From:
s. 47F
Sent:
Tuesday, 21 May 2019 10:59 AM
To:
xxxxxxxxxxxx, xxxxxxxx
Cc:
s. 47F
Subject:
Updated FOI report for Exec [DLM=Sensitive:Legal]
Attachments:
2019-05-21_FOI executive report.DOCX
Sensitive: Legal
Dear xxxxxxxx,
Please find
attached updated FOI report for Exec.
Let me know if you would like to discuss.
Kind regards,
s. 47F
This email and any attachments may contain confidential or legally privileged information, and neither are waived or lost if the
email has been sent in error. If you have received this email in error, please delete it (including any copies) and notify the sender.
Please consult with APSC Legal Services before using disclosing any part of this email or attachments to a third party.
1
FOI status report as at 21 May 2019
Legal in confidence
Statistics overview for period 15 May – 21 May 2019
FOI requests
New FOI matters this period
1
2018/19 year
Last financial
Matters finalised this period
3
(at 31 March)
year (total)
Internal reviews
Total primary FOI requests received 40
61
New IR matters this period
1
Total internal reviews received
5
10
IR matters finalised this period
1
Total IC reviews received
5
Information Commissioner reviews
New IC review matters this period
0
IC review matters finalised this
0
period
Courtesy consultations with the APSC
New consultations this period
0
Consultations finalised this period
0
Total of al active matters
6
Active primary and internal review FOI requests
APS
C
D
at
e
Dat
e
A
ppl
ic
a
nt S
c
ope
o
f r
e
ques
t
D
ec
isi
o
n Ma
ke
r
S
tat
us
reference due
received
1. s. 22
1
FOI status report as at 21 May 2019
Legal in confidence
s. 22
2.
3.
4. C19/931 16/6/19 17/5/19 Fliccy RTK
Copies of any documents within all of xxxxx
Acknowledgement sent
(Sunday
xxxxxxxxxxx’s email account (including
Document retrieval
=
drafts and deleted items) that contain my
underway
17/6/19)
name/personal information: “Fliccy”.
2
FOI status report as at 21 May 2019
Legal in confidence
5. s. 22
6.
Al actions finalised in the period (includes primary and internal review FOI matters, IC reviews, complaints and courtesy consultation outcomes)
APS
C
D
at
e
Dat
e
A
ppl
ic
a
nt S
c
ope
o
f r
e
ques
t
D
ec
isi
o
n Ma
ke
r
S
tat
us
reference due
received
7. s. 22
8.
3
FOI status report as at 21 May 2019
Legal in confidence
s. 22
Office of Australian Information Commissioner (IC) reviews and complaints
APS
C
D
at
e
OA
IC
A
ppli
ca
nt
Mat
te
r
Ba
ck
gr
o
und a
nd m
att
er
s
um
m
ary
St
at
us
reference received reference
type
1. s. 22
2. C18/1941 8/10/18 MR18/00655 Fliccy
Review
Applicant sought review of access
OAIC has sought APSC Submissions.
refusal decision relating to original
APSC to provide re-drafted decision
request for ‘IPA produced document’.
Documents and submissions provide
in response to 54Z notice
3. C18/1942 8/10/18 MR18/00654 Fliccy
Review
As above. Documents and
OAIC has sought APSC Submissions.
submissions provide in response to
APSC to provide re-drafted decision
54Z notice
4. s. 22
4
FOI status report as at 21 May 2019
Legal in confidence
s. 22
5.
Courtesy consultations received from external agencies
D
at
e
D
at
e
Age
nc
y
se
e
ki
ng
c
o
ns
ult
ati
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n S
um
ma
ry
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f
do
cu
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nts
i
n s
co
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Sta
t
us
received due
1.
5
