This is an HTML version of an attachment to the Freedom of Information request 'Stephanie Foster'.

FOI/2019/164     Page 1 of 7
From:
Moran, Celeste
To:
Reid, John; PMC Media
Cc:
s22
; Martin, Gerard; Foster, Stephanie
Subject:
RE: Media query: FOI complaint [SEC=UNCLASSIFIED]
Date:
Monday, 24 June 2019 3:40:05 PM
Attachments:
image001.png
UNCLASSIFIED
Dear s22
Please see below response cleared by Stephanie and John.
Thanks
Celeste
The Department of the Prime Minister and Cabinet takes its statutory obligations under
the Freedom of Information Act 1982 and the Public Interest Disclosure Act 2013 seriously.
It would not be appropriate for the Department to comment publicly on specific cases
under the FOI Act or the PID Act.
The Department processes FOI requests in accordance with its obligations under the FOI
Act, the Guidelines issued under section 93A of the FOI Act, and internal Department
resources such as the FOI Business Rules. As at the end of the third quarter of 2018-19
(year to date), approximately 93% of PM&C decisions were finalised within applicable
statutory timeframes.
From: Reid, John 
Sent: Monday, 24 June 2019 10:43 AM
To: PMC Media ; Moran, Celeste 
Cc: s22
 
Subject: RE: Media query: FOI complaint [SEC=UNCLASSIFIED]
UNCLASSIFIED
Hi s22
,
Yep, confirming that we’re on it, and we’re working to the journalist’s deadline.
Cheers,
JR
From: PMC Media <xxxxx@xxx.xxx.xx> 
Sent: Monday, June 24, 2019 10:40 AM
To: Moran, Celeste <xxxxxxx.xxxxx@xxx.xxx.xx>; Reid, John <xxxx.xxxx@xxx.xxx.xx>
Cc: PMC Media <xxxxx@xxx.xxx.xx>; s22
 FOI
<xxx@xxx.xxx.xx>
Subject: RE: Media query: FOI complaint [SEC=UNCLASSIFIED]
UNCLASSIFIED
Good morning John and Celeste,
I understand you’ve been made aware of the below media enquiry. Please may you confirm if
someone in your team/s can action it today?
Kind Regards,
s22
PM&C Media
Communications Branch



FOI/2019/164     Page 2 of 7
Department of the Prime Minister and Cabinet
s22
e. xxxxx@xxx.xxx.xx | w. www.pmc.gov.au
From: PMC Media <xxxxx@xxx.xxx.xx> 
Sent: Friday, 21 June 2019 4:44 PM
To: s22
 FOI <xxx@xxx.xxx.xx>
Cc: PMC Media <xxxxx@xxx.xxx.xx>
Subject: FW: Media query: FOI complaint [SEC=UNCLASSIFIED]
UNCLASSIFIED
Hi team,
Please see below media enquiry we’ve received. Kindly let us know if this is something you can
assist with?
Kind Regards,
s22
PM&C Media
Communications Branch
Department of the Prime Minister and Cabinet
s22
e. xxxxx@xxx.xxx.xx | w. www.pmc.gov.au
From: s22
 
Sent: Friday, 21 June 2019 4:40 PM
To: PMC Media <xxxxx@xxx.xxx.xx>
Subject: Media query: FOI complaint
Hi team,
I just had a query about a PID complaint made about the handling of FOI requests at
PM&C.
Apologies for the late Friday email - I don't need a response until late Monday.
I have evidence suggesting the following:
- an anonymous PID complaint was made in late 2017.
- it alleged the department was breaching the FOI act in one of every two FOI applications it
received. The main allegation of unlawfulness was that statutory timeframes were routinely
being breached without reason. This had the effect of delaying FOIs until the information
requested became redundant or outdated. It alleged this demonstrated a continual disregard
for the rule of law. The complaint included 25 examples of FOIs that were said to have
breached provisions of the FOI Act.
- the PID complaint also alleged that FOIs that were politically sensitive were more likely to
be subject to this treatment.


FOI/2019/164     Page 3 of 7
- PM&C investigated the PID complaint and devoted significant time and effort to
examining the concerns. The investigation found disclosable conduct in five cases,
indicating unlawful conduct. The five cases included an FOI requesting Tony Abbott's
expense entitlements as a former PM, which was delayed by four months without
explanation, and then heavily redacted when it was eventually released. The investigation
otherwise rejected allegations it was systematically breaching the law, had a disregard for
the law, or was deliberately delaying the release of politically-sensitive material.
My questions are:
- what has since been done to ensure FOI complaints are handled in a way that does not
breach the FOI act?
- what did the department do to investigate the PID complaint? does the department believe
it has responded satisfactorily to address the disclosable conduct it found?
- does the department concede it treated five of the 25 FOI cases in a manner that breached
FOI law?
- why did the department reject allegations that it was systematically breaching FOI law?
- has the department ever deliberately delayed the release of politically sensitive documents,
as alleged? did it do so in regards to the FOI involving Tony Abbott and his former
expenses?
I was hoping for a response by 4pm Monday.
Many thanks,
-----
s22
s22
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FOI/2019/164     Page 4 of 7
From:
PMC Media
To:
Moran, Celeste; Reid, John; PMC Media
Cc:
s22
 Martin, Gerard; Foster, Stephanie
Subject:
RE: Media query: FOI complaint [SEC=UNCLASSIFIED]
Date:
Monday, 24 June 2019 3:42:22 PM
Attachments:
image001.png
UNCLASSIFIED
Hi Celeste,
Thank you very much. I will send this back to the journalist now.
Kind Regards,
s22
PM&C Media
Communications Branch
Department of the Prime Minister and Cabinet
s22
e. xxxxx@xxx.xxx.xx | w. www.pmc.gov.au
From: Moran, Celeste 
Sent: Monday, 24 June 2019 3:40 PM
To: Reid, John ; PMC Media 
Cc: s22
 ; Martin, Gerard ; Foster, Stephanie 
Subject: RE: Media query: FOI complaint [SEC=UNCLASSIFIED]
UNCLASSIFIED
Dear s22
Please see below response cleared by Stephanie and John.
Thanks
Celeste
The Department of the Prime Minister and Cabinet takes its statutory obligations under
the Freedom of Information Act 1982 and the Public Interest Disclosure Act 2013 seriously.
It would not be appropriate for the Department to comment publicly on specific cases
under the FOI Act or the PID Act.
The Department processes FOI requests in accordance with its obligations under the FOI
Act, the Guidelines issued under section 93A of the FOI Act, and internal Department
resources such as the FOI Business Rules. As at the end of the third quarter of 2018-19
(year to date), approximately 93% of PM&C decisions were finalised within applicable
statutory timeframes.
From: Reid, John <xxxx.xxxx@xxx.xxx.xx> 
Sent: Monday, 24 June 2019 10:43 AM
To: PMC Media <xxxxx@xxx.xxx.xx>; Moran, Celeste <xxxxxxx.xxxxx@xxx.xxx.xx>
Cc: s22


FOI/2019/164     Page 5 of 7
Subject: RE: Media query: FOI complaint [SEC=UNCLASSIFIED]
UNCLASSIFIED
Hi s22
,
Yep, confirming that we’re on it, and we’re working to the journalist’s deadline.
Cheers,
JR
From: PMC Media <xxxxx@xxx.xxx.xx> 
Sent: Monday, June 24, 2019 10:40 AM
To: Moran, Celeste <xxxxxxx.xxxxx@xxx.xxx.xx>; Reid, John <xxxx.xxxx@xxx.xxx.xx>
Cc: PMC Media <xxxxx@xxx.xxx.xx>; s22
 FOI
<xxx@xxx.xxx.xx>
Subject: RE: Media query: FOI complaint [SEC=UNCLASSIFIED]
UNCLASSIFIED
Good morning John and Celeste,
I understand you’ve been made aware of the below media enquiry. Please may you confirm if
someone in your team/s can action it today?
Kind Regards,
s22
PM&C Media
Communications Branch
Department of the Prime Minister and Cabinet
s22
e. xxxxx@xxx.xxx.xx | w. www.pmc.gov.au
From: PMC Media <xxxxx@xxx.xxx.xx> 
Sent: Friday, 21 June 2019 4:44 PM
To: s22
 FOI <xxx@xxx.xxx.xx>
Cc: PMC Media <xxxxx@xxx.xxx.xx>
Subject: FW: Media query: FOI complaint [SEC=UNCLASSIFIED]
UNCLASSIFIED
Hi team,
Please see below media enquiry we’ve received. Kindly let us know if this is something you can
assist with?
Kind Regards,
s22
PM&C Media
Communications Branch
Department of the Prime Minister and Cabinet
s22


FOI/2019/164     Page 6 of 7
e. xxxxx@xxx.xxx.xx | w. www.pmc.gov.au
From: s22
 
Sent: Friday, 21 June 2019 4:40 PM
To: PMC Media <xxxxx@xxx.xxx.xx>
Subject: Media query: FOI complaint
Hi team,
I just had a query about a PID complaint made about the handling of FOI requests at
PM&C.
Apologies for the late Friday email - I don't need a response until late Monday.
I have evidence suggesting the following:
- an anonymous PID complaint was made in late 2017.
- it alleged the department was breaching the FOI act in one of every two FOI applications it
received. The main allegation of unlawfulness was that statutory timeframes were routinely
being breached without reason. This had the effect of delaying FOIs until the information
requested became redundant or outdated. It alleged this demonstrated a continual disregard
for the rule of law. The complaint included 25 examples of FOIs that were said to have
breached provisions of the FOI Act.
- the PID complaint also alleged that FOIs that were politically sensitive were more likely to
be subject to this treatment.
- PM&C investigated the PID complaint and devoted significant time and effort to
examining the concerns. The investigation found disclosable conduct in five cases,
indicating unlawful conduct. The five cases included an FOI requesting Tony Abbott's
expense entitlements as a former PM, which was delayed by four months without
explanation, and then heavily redacted when it was eventually released. The investigation
otherwise rejected allegations it was systematically breaching the law, had a disregard for
the law, or was deliberately delaying the release of politically-sensitive material.
My questions are:
- what has since been done to ensure FOI complaints are handled in a way that does not
breach the FOI act?
- what did the department do to investigate the PID complaint? does the department believe
it has responded satisfactorily to address the disclosable conduct it found?
- does the department concede it treated five of the 25 FOI cases in a manner that breached
FOI law?
- why did the department reject allegations that it was systematically breaching FOI law?
- has the department ever deliberately delayed the release of politically sensitive documents,
as alleged? did it do so in regards to the FOI involving Tony Abbott and his former
expenses?
I was hoping for a response by 4pm Monday.
Many thanks,
-----
s22