PO Box 7820 Canberra BC ACT 2610
2 June 2020
Our reference: LEX 54083
Mr John Smith
Right to Know
Only by email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Smith
Decision on your Freedom of Information Request
I refer to your request dated 2 April 2020, and received by Services Australia on the same
date, for access under the
Freedom of Information Act 1982 (
FOI Act) to the following
documents:
I wish to obtain a copy of the final report provided to Services Australia by McKinsey,
in association with the tender CN ID: CN3665818
I also with to obtain a copy of the powerpoint used by McKinsey to pitch for this
contract through the open tender.
Extension of time
On 2 April 2020, Services Australia requested an additional 30 days to process the request
under section 15AA of the FOI Act. On 2 April 2020, you agreed to provide the extension of
time.
My decision
All reasonable steps have been taken to locate the documents you have requested and I am
satisfied they do not exist. Accordingly, I have decided to refuse your request for access
under section 24A of the FOI Act.
Please refer to
Attachment A for the reasons behind my decision.
You can ask for a review of our decision
If you disagree with any part of the decision you can ask for a review. There are two ways
you can do this. You can ask for an internal review from within Services Australia, or an
external review by the Office of the Australian Information Commissioner. You do not have to
pay for reviews of decisions. See
Attachment B for more information about how to arrange a
review.
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Further assistance
If you have any questions please email
xxx.xxxxx.xxxx@xxxxxxxxxxxxxxxxx.xxx.xx.
Yours sincerely
Kaitlin
Authorised FOI Decision Maker
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Services Australia
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PO Box 7820 Canberra BC ACT 2610
Attachment A
REASONS FOR DECISION
What you requested
On 2 April 2020, Services Australia received your request for the following documents:
I wish to obtain a copy of the final report provided to Services Australia by McKinsey,
in association with the tender CN ID: CN3665818
I also with to obtain a copy of the powerpoint used by McKinsey to pitch for this
contract through the open tender.
What I took into account
In reaching my decision I took into account:
your request dated 2 April 2020;
documents that would fall within the scope of your request, should they exist;
consultations with Services Australia officers about Services Australia's operating
environment and functions;
guidelines issued by the Australian Information Commissioner under section 93A of
the FOI Act (
Guidelines); and
the FOI Act.
Reasons for my decisions
I am authorised to make decisions under section 23(1) of the FOI Act.
Section 24A of the FOI Act
Section 24A of the FOI Act provides that:
(1) An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency's or Minister's possession but cannot be found; or
(ii) does not exist.
The Transformation Office, being the relevant business area, conducted searches for the
requested documents. The Branch did not identify a ‘final report’ or ‘a copy of the powerpoint
used by McKinsey to pitch for this contract through the open tender’.
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The FOI Team also consulted with the Procurement and Records Management Branch on
this request. This Branch did not identify any documents matching the description of the
request.
The business areas confirmed that no final report or PowerPoint pitch exist in relation to this
contract. A final report is not a required output of the contract, and a PowerPoint was not
required as part of the procurement process.
On the basis of these searches, I am satisfied that in accordance with section 24A of the FOI
Act:
1. all reasonable steps have been taken to find the documents; and
2. the documents do not exist.
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If not delivered return to PO Box 7820 Canberra BC ACT 2610
Attachment B
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Asking for a full explanation of a freedom of information (FOI) decision
Before you ask for a formal review of a FOI decision, you can contact us to discuss your
request. We will explain the decision to you. This gives you a chance to correct
misunderstandings.
Asking for a formal review of a FOI decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (
FOI Act)
gives you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by:
1. an Internal Review Officer in Services Australia; and/or
2. the Australian Information Commissioner.
Note 1: There are no fees for these reviews.
Applying for an internal review by an Internal Review Officer
If you apply for internal review, a different decision maker to the Services Australia delegate
who made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be:
made in writing
made within 30 days of receiving this letter
sent to the address at the top of the first page of this letter.
Note 2: You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original decision or the internal review decision, you can ask the
Australian Information Commissioner to review the decision.
If you do not receive a decision from an Internal Review Officer in Services Australia within
30 days of applying, you can ask the Australian Information Commissioner for a review of the
original FOI decision.
You will have 60 days to apply in writing for a review by the Australian Information
Commissioner.
You can
lodge your application:
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Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
Note 3: The Office of the Australian Information Commissioner generally prefers FOI
applicants to seek internal review before applying for external review by the Australian
Information Commissioner.
Important:
If you are applying online, the application form the 'Merits Review Form' is available
at
www.oaic.gov.au.
If you have one, you should include with your application a copy of the Services
Australia decision on your FOI request
Include your contact details
Set out your reasons for objecting to Services Australia's decision.
Complaints to the Australian Information Commissioner and Commonwealth
Ombudsman
Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by
an agency in the exercise of powers or the performance of functions under the FOI Act,
There is no fee for making a complaint. A complaint to the Australian Information
Commissioner must be made in writing. The Australian Information Commissioner's contact
details are:
Telephone: 1300 363 992
Website:
www.oaic.gov.au Commonwealth Ombudsman
You may also complain to the Commonwealth Ombudsman concerning action taken by an
agency in the exercise of powers or the performance of functions under the FOI Act. There is
no fee for making a complaint. A complaint to the Commonwealth Ombudsman may be
made in person, by telephone or in writing. The Commonwealth Ombudsman's contact
details are:
Phone: 1300 362 072
Website:
www.ombudsman.gov.au
The Commonwealth Ombudsman generally prefers applicants to seek review before
complaining about a decision.
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