OFFICIAL

 

Dear JS

 

I refer to your email of 11 September 2020 (attached) in which you made a request under the Freedom of Information Act 1982 (the FOI Act) to the Department of the Prime Minister and Cabinet in the following terms:

 

I understand the Secretary of the Department is head of the Public Service,

 

Under the Public Governance, Performance and Accountability Act 2013 the accountable authority of each entity has a Duty to establish and maintain systems relating to risk and control. Under the Public Service Act the responsibilities of the Secretary of a Department include implementing measures directed at ensuring that the Department complies with the law. The Code of Conduct for the Australian Public Service requires that an employee must act with care and diligence in connection with APS employment.

 

{Published in The Mandarin November 22, 2019} Complying with the Freedom of Information Act is a second-order priority for the Minister and the Department of Home Affairs, according to secretary Michael Pezzullo, who thinks his FOI team’s performance is “commendable” considering the limited resources it has to work with. The secretary will not allocate more resources to FOI processing or ask for more from the government for that purpose, despite the Office of the Information Commissioner moving to investigate his department’s persistent non-compliance with aspects of the FOI Act.

 

The FOI Act requires agencies to publish information in a disclosure log within 10 working days after the freedom of information (FOI) applicant was 'given access' to a document. Parliament, Ministers and the public expect that Commonwealth Agencies will respect and comply with Commonwealth Law.  The Department of Home Affairs has failed to comply with the law on numerous occasions since December 2017.

 

Under FOI I seek access to documents concerning or relating to the FOI disclosure log maintained by the Department of Home Affairs. The period of the request is December 2017 to the date of this request.

 

Notification of transfer of FOI request

 

The FOI Act provides a mechanism to transfer requests to another agency where the subject-matter of the request is more closely connected with the functions of that agency (section 16(1)(b) of the FOI Act).

 

This ensures that a decision on the request is made by the most appropriate agency.

 

As the subject-matter of the documents you have requested are more closely connected with the functions of the Department of Home Affairs, your request has been transferred in full to the Department of Home Affairs under section 16(1)(b) of the FOI Act.

 

The Department of Home Affairs will contact you in relation to your FOI request. The Department of Home Affairs can be contacted by email at [email address].

 

Yours sincerely

 

FOI and Privacy Section | Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

p. (02) 6271 5849

e. [DPMC request email] | w. www.pmc.gov.au

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

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Title: Reconcilation branding and acknowledgment: The Department acknowledges the Traditional Custodians of Country throughout Australia and their continuing connections to the land, waters and community. We pay respect to their Cultures, Country and Elders both past and present. - Description: Reconcilation branding and acknowledgment: The Department acknowledges the Traditional Custodians of Country throughout Australia and their continuing connections to the land, waters and community. We pay respect to their Cultures, Country and Elders both past and present.

 

 

 

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