7 December 2020
Scott, of the family Chapman By email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Re:
Reference 2021-00354
Application for Documents under the Freedom of Information Act 1982
Dear Scott,
Purpose
The purpose of this letter is to notify Australia Post’s decision in response to your request for access to various
documents under the
Freedom of Information Act 1982 (
“FOI Act”) received on 17 November 2020.
For the purposes of this decision, your request will be considered in tranches - each numbered item in your request
will be considered as a tranche.
Decision
Tranche 1
Document(s) that clearly defines the boundaries/borders/limits of ‘Australia’ (in the land-based geographical sense) with
regard to the Australian Postal operating services/jurisdiction, with the context of the principal function to supply postal
services within ‘Australia’.
This aspect of your request is denied pursuant to s 12 of the FOI Act.
Tranche 2
Document(s) that clearly defines the boundaries/borders/limits of the ‘Commonwealth of Australia’, in the land-based
geographical sense. Make it known if the Australian Postal Corporation does not operate under/within the
‘Commonwealth of Australia’ jurisdiction.
This aspect of your request is denied pursuant to s 12 of the FOI Act.
Tranche 3
Document(s)/procedure that defines how the Australian Postal Corporation deals with potential postal fraud within
postal services.
This aspect of your request is denied pursuant to s 12 of the FOI Act.
Tranche 4
Document(s)/details of the known position of ‘Postmaster general’, complete with identified operating jurisdiction.
This aspect of your request is denied pursuant to s 24 of the FOI Act.
Address:
Contact:
Legal Group
E xxx@xxxxxxx.xxx.xx
GPO Box 1777
Melbourne VIC 3001
Tranche 5
Document(s) that defines the accepted language style/wording used by the Australian Postal Corporation for all received
letters/articles for postal services. Please cite the specific clause/section of the styles manual used by your services. For
example do you accept an address written in a foreign style? Or do you only addresses (place names) that follow the rules
of Standard English grammar?
This aspect of your request is denied pursuant to s 12 of the FOI Act.
Tranche 6
When a postal address is inside the letter/article (through a clear window), please provide the document that clearly
explains that this is considered the same/acceptable as an address written ON the outside of the letter/article etc.
This aspect of your request is denied pursuant to s 12 of the FOI Act.
Tranche 7
Document(s) that clearly defines what ‘Australia Post’ is.
This aspect of your request is denied pursuant to s 12 of the FOI Act.
Tranche 8
Document(s) that clearly articulates whether the Australian Postal Corporation operates as a public entity or a private
organisation.
This aspect of your request is denied pursuant to s 12 of the FOI Act.
Tranche 9
Document(s) that clearly articulates the relationship between the Australian Postal Corporation and the government.
This aspect of your request is denied pursuant to s 12 of the FOI Act.
Reason for Decision
Section 12
Section 12 states that a person is not entitled to obtain access to documents which are open to public access. The
documents matching the description of your request in all Tranches other than Tranche 4, are available publicly.
Tranche 1 & 2
For the purposes of Australia Post’s operations, Australia is considered to comprise of the states of Victoria, New
South Wales, Queensland, South Australia, Western Australia and Tasmania, the internal territories of the Australian
Capital Territory, the Northern Territory and the Jervis Bay Territory and the external Territories of Norfolk Island,
Christmas Island and the Cocos (Keeling) Islands.
The
Australian Postal Corporation Act 1989 (Cth), states Australia Post’s principal function is to “
supply postal services
within Australia and between Australia and places outside Australia” (at s 14). Under this Act, “Australia” when used in
a geographical sense, includes the external Territories to which this Act extends. Under the
Acts Interpretation Act
1901 (Cth):
- “Australia” means the Commonwealth of Australia and, when used in a geographical sense, includes
Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not
include any other external Territory.
- “Commonwealth” means the Commonwealth of Australia and, when used in a geographical sense, includes
Norfolk Island, the Territory of Christmas Island and the Territory of Cocos (Keeling) Islands, but does not
include any other external Territory.
Address:
Contact:
Legal Group
E xxx@xxxxxxx.xxx.xx
GPO Box 1777
Melbourne VIC 3001
- “external Territory” means a Territory, other than an internal Territory, where an Act makes provision for
the government of the Territory as a Territory.
- “internal Territory” means the Australian Capital Territory, the Northern Territory or the Jervis Bay Territory
- “Territory”, “Territory of the Commonwealth”, “Territory under the authority of the
Commonwealth” or “Territory of Australia” means a Territory referred to in s 122 of the Constitution (“
The
Parliament may make laws for the government of any territory surrendered by any State to and accepted by
the Commonwealth, or of any territory placed by the Queen under the authority of and accepted by the
Commonwealth, or otherwise acquired by the Commonwealth, and may allow the representation of such
territory in either House of the Parliament to the extent and on the terms which it thinks fit.”).
Tranche 3
See the
Public Governance, Performance and Accountability Act 2013 (Cth), under which all Commonwealth entities
are obliged to take “
all reasonable measures to prevent, detect and deal with fraud relating to that entity” (at
s10). Reasonable measures include conducting risk assessments regularly, developing and implementing a fraud
control plan, considering opportunities for fraud when planning and conducting organisational activities and having
appropriate fraud detection, investigation and recording mechanisms (including confidential reporting mechanisms).
Tranche 5 & 6
Please see Australia Post Terms & Conditions (‘APTCs’) – Appendix 1 – Addressing Standards (URL:
https://auspost.com.au/content/dam/auspost_corp/media/documents/Appendix-01.pdf )
Tranche 7
I refer you to the
Australian Postal Corporation Act 1989 (Cth) which defines ‘Australia Post’ to mean the Australian
Postal Corporation (at s 3), continues the Australian Postal Corporation in existence (at s 12) as a body corporate (at s
13).
Tranche 8
Please see the
Public Governance, Performance and Accountability Act 2013 (Cth), under which Australia Post is
classified as ‘Commonwealth entity’ that is a ‘government business enterprise’ (at s 5). Australia Post operates under
a dual shareholder model - portfolio responsibility sits with the Minister for Communications, Cyber Safety and the
Arts. Overall responsibility for Australia Post is exercised jointly with the Minister for Finance.
Tranche 9
Please see the
Australian Postal Corporation Act 1989 (Cth), the
Public Governance, Performance and Accountability
Act 2013 (Cth), the
Public Governance, Performance and Accountability Rule 2014 (Cth).
For publicly available information published by the Australian Government concerning Australia Post, we refer you
to:
- Department of Communications, Cyber Safety and the Arts
(https://www.communications.gov.au/what-we-
do/post/australia-post)
- Department of Finance
(https://www.communications.gov.au/what-we-do/post/australia-post)
Section 24A
Tranche 4
Section 24A states that an agency such as Australia Post may refuse access to a document if:
Address:
Contact:
Legal Group
E xxx@xxxxxxx.xxx.xx
GPO Box 1777
Melbourne VIC 3001
a. All reasonable steps have been taken to find the document; and
b. The agency is satisfied that the document;
i.
Is in the agency’s possession but cannot be found; or
ii.
Does not exist.
Searches have been conducted to locate documents matching the description of this aspect of your request.
Searches have identified that documents matching the description of your request in Tranche 4 do not exist and if
they exist, cannot be found.
Between Federation (1901) and 1974, postal services and telecommunications were provided by the Postmaster
General’s Department (
PMG). In 1975, the PMG was replaced with the Australian Postal Commission (now the
Australian Postal Corporation) and the Australian Telecommunications Commission. With the cessation of the PMG,
the position known as the Postmaster General was also ceased.
Rights of Review
If you would like a review of this formal decision you have the right under law to seek either;
(i)
An internal review by writing within 30 days of receiving this letter to Australia Post, FOI Review Officer,
Legal Services Group, GPO Box 1777, Melbourne VIC 3001
, xxx@xxxxxxx.xxx.xx; or
(ii)
A review of this decision by writing within 60 days of receiving this letter to the Information
Commissioner, GPO 5218, Sydney NSW 2001, Fax: 02 9284
9666, xxxxxxxxx@xxxx.xxx.xx.
Yours sincerely,
Anna Oliver
Freedom of Information Officer
Address:
Contact:
Legal Group
E xxx@xxxxxxx.xxx.xx
GPO Box 1777
Melbourne VIC 3001