From:
To:
Strangio, Giorgina
Cc:
Woolcott, Peter;
PID; Ethics Advisory Service
Subject:
RE: Complaint per s.41A of the Public Service Act - Mr Phil Gaetjens [SEC=OFFICIAL]
Date:
Wednesday, 18 August 2021 7:22:12 PM
Attachments:
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Dear Ms Strangio
You’ve not responded to my query at all.
What you did do, remarkably quickly I might add, is wholly exonerate, on behalf of the Australian
Public Service Commissioner, the Head of the APS - Mr Phil Gaetjens – from my allegations that
he plainly breached his obligations under the Public Service Act 1999 by :
- refusing to respond to legitimate correspondence received from a member of the Australian
public; and
- turning a blind eye to public sector corruption (noting it was the Public Service Commissioner
himself who gave guidance to public servants like me to write to the Mr Gaetjens where we come
across corruption of the kind engaged in by Ministers Morrison and Frydenburg).
I simply followed up your acquittal of Mr Gaetjens (on behalf of the Public Service
Commissioner) by querying whether other members of the APS (and not just the Head of the
APS) can refuse to respond to legitimate correspondence received from the Australian public
(ministerials, for example) and turn a blind eye to public sector corruption in exactly the same
way Mr Gaetjens did, without consequence.
While I appreciate answering that perfectly legitimate question may be politically inconvenient,
that’s not a valid reason to refuse to respond to my straight forward query. There may well be a
good reason as to why, when it comes to compliance with the APS Code of Conduct, it’s
appropriate for the Head of the APS, or even senior executives responsible for the integrity of the
APS, to employ a ‘do as I say not as I do’ approach. If there is, could you please explain it to me.
At this point, I think it appropriate to remind you of your obligations under the Public Service Act
1999. In particular, the obligations to be behave honestly and with integrity, to be trustworthy, to
be open and accountable to the Australian community and to be impartial. A failure to comply
with these obligations constitutes disclosable conduct for the purposes of the Public Interest
Disclosure Act 2013.
I request that you respond to the query put to you in my email below of 16 August 2021.
Regards
------- Original Message -------
On Wednesday, August 18th, 2021 at 5:42 PM, Strangio, Giorgina wrote:
OFFICIAL
Dear
,
Having responded to your query, I now consider this matter to be closed.
Regards,
Giorgina
From:
Sent: Monday, 16 August 2021 5:28 PM
To: Strangio, Giorgina ; Woolcott, Peter ;
Subject: RE: Complaint per s.41A of the Public Service Act - Mr Phil Gaetjens
[SEC=OFFICIAL]
Thanks for that Ms Strangio.
So taking your advice to its logical conclusion can you please confirm that:
- as Commonwealth public servants, we're under no obligation to respond to
legitimate correspondence we receive from members of the Australian public (as
mentioned I respond to Ministerials and other correspondence sent by members of the
public and received by the Department I work for and so I'd like to know whether I
can decide to stop doing this without consequence as you suggest ie. if it's ok for the
actual Head of the APS then it must be the same for everyone right.....goose gander)
- if we, as Commonwealth public servants become aware/witness crime or corruption
(eg. Brittany Higgins, carpark rorts, robodebt rorts, sports rorts, Leppington Triangle,
Morrison/Frydenburg using taxpayer funds to attend Murdoch functions, Susan Ley
using taxpayer funds to fly to Gold Coast to purchase investment property, $80m in
taxpayer money inexplicably given to Angus Taylor company Eastern Agriculture,
Helloworld corruption etc etc etc) we can just turn a blind eye and that's perfectly ok?
Thanks
------- Original Message -------
On Monday, August 16th, 2021 at 5:00 PM, Strangio, Giorgina
<
xxxxxxxx.xxxxxxxx@xxxx.xxx.xx> wrote:
OFFICIAL
Dear
,
Thank you for your email to the Australian Public Service Commissioner, Mr
Peter Woolcott AO. The Commissioner has asked me to respond on his
behalf.
As I understand your email, you are alleging that in not responding to your
correspondence, Mr Gaetjens has failed to uphold several of the Australian
Public Service (APS) Values, and breached a number of elements of the APS
Code of Conduct.
On the information that you have provided, Mr Gaetjen’s actions do not, on
their face, appear contrary to his obligations under the Australian Public
Service Code of Conduct.
Kind regards,
Giorgina
Giorgina Strangio
Assistant Commissioner | Integrity, Performance & Employment Policy Group
Australian Public Service Commission
three hexagons
I acknowledge the traditional owners of the First Nations throughout Australia, and their
continuing connection to land, sea and community. I pay my respects to their elders past, present
and into the future.
From:
Sent: Friday, 13 August 2021 12:26 PM
To: Woolcott, Peter <xxxxx.xxxxxxxx@xxxx.xxx.xx>
Cc: Strangio, Giorgina <xxxxxxxx.xxxxxxxx@xxxx.xxx.xx>;
Subject: Complaint per s.41A of the Public Service Act - Mr Phil Gaetjens
Dear Commissioner
I’m writing to you to allege breaches of the APS Code of Conduct engaged in by
Mr Phil Gaetjens, Secretary of the Department of the Prime Minister and Cabinet
and Head of the APS.
I note that at your most recent appearance before Senate Estimates, you gave
evidence as follows: “ …. if there's a complaint against an agency head, that would
come to me to be determined or evaluated “ - which I presume is a reference to your
power at section 41A of the Public Service Act 1999.
I refer to your advice set out in this article:
https://www.theguardian.com/australia-
news/2020/may/26/public-servant-alleging-ministerial-corruption-told-speaking-to-
media-could-be-unlawful where you advise that where public servants (such as
myself) observe corruption engaged in by Ministers, public servants should “bring
[their] concerns to the department of the prime minister and cabinet”.
In December last year I became aware of the misuse of public monies for personal
purposes by the Prime Minister and the Treasurer:
https://www.theguardian.com/australia-news/2020/dec/04/pm-and-treasurer-bill-
taxpayers-for-private-jet-to-lachlan-murdochs-christmas-party
In accordance with your guidance I wrote to the Secretary of the Department of the
Prime Minister and Cabinet on 16 December 2020 advising of the unlawful activity
engaged in by the two Ministers at issue requesting that he acknowledge my email
and that he consider the matter. A month later, when no response was received, I
again wrote (on 14/1/21) to the Secretary requesting at least that he acknowledge,
by reply email, my email of December 2020. A month after that, again after no
response had been received, I again wrote (on 10 February 2021) requesting that he
acknowledge my emails and consider the matter. A record of that correspondence is
set out below. To date, no response has been received.
I allege that Mr Gaetjens’ failure to respond (or organise a response noting he has
over 2000 staff at his disposal) to my emails of 16/12/20, 14/1/21, and 10/2/21
constitutes a contravention of his obligations under subsections 10(1), 10(2), 10(4),
10(5), 13(1), 13(3), 13(4), 13(7), 13(10) and 13(11) of the Public Service Act 1999
and request that you conduct an inquiry with respect to my allegations.
The outcome your inquiry will offer clear and binding guidance to the whole of the
APS as to whether public servants are subject to any positive obligation
whatsoever:
- to respond to legitimate correspondence they receive from members of the
Australian public (as a public servant that spends half my time at work responding
to ministerials and other legitimate correspondence from the Australian public, the
outcome of my complaint/your inquiry will determine whether I’m under any
obligation to do that work); and
- to report and otherwise address instances of crime, corruption or other unlawful
conduct that they come across.
Be it the sexual assault of a member of the APS or a ministerial staffer on
Commonwealth property, fraudulent activity that led to taxpayers paying 10 times
the real value of assets or the plain vanilla embezzlement/misuse of public funds the
subject of my correspondence to the Head of the Public Service – the outcome of
this disclosure will clearly set out acceptable standards of behaviour across the
entirety of the APS at a time where there is overwhelming public support for the
establishment of an independent commission to deal with public sector corruption
at the federal level and at a time where the vast majority of Australians do not trust
the APS: https://www.theguardian.com/australia-news/2020/aug/19/australians-
trust-public-service-government-covid
Regards
------- Original Message -------
On Wednesday, February 10th, 2021 at 2:05 PM,
wrote:
Dear Mr Gaetjens
I refer to my previous correspondence to you of 16
December 2020 and 14 January 2021 below, and I note that
the results of an FOI application made in respect of the same
matter available here:
https://twitter.com/william_summers/status/1356855460024864769
seem to make it clear that Minister Frydenberg at least has
used Commonwealth funds for personal purposes in breach
of his legal obligations and Ministerial Standards.
This article:
https://www.themonthly.com.au/issue/2021/february/1612098000/nick-
feik/scandals-he-walks-past also discusses the particular
misuse of taxpayer funds apparently engaged in by Ministers
Morrison and Frydenberg amongst a broader discussion of
corruption that is apparently now at endemic levels across
the Commonwealth public sector.
Again, I ask you to acknowledge receipt of my emails below
and that you update me in relation to your consideration of
this serious matter.
As Commonwealth public servants, the standard we walk
past is the standard we accept. And as apolitical, honest and
accountable public servants, we play a key role in countering
public sector corruption, wherever it occurs.
Regards
------- Original Message -------
On Thursday, January 14, 2021 7:50 AM,
wrote:
Dear Mr Gaetjens
While you may have not yet concluded your
investigation into the unlawful activity to which
my complaint, set out below, refers; I would
appreciate if you could extend me the courtesy
of acknowledging receipt of my complaint.
Regards
------- Original Message -------
On Wednesday, December 16, 2020 10:52 AM,
wrote:
Dear Mr Gaetjens
I refer you to the following article
regarding the Prime Minister’s and
the Treasurer’s use of public funds
for personal purposes:
https://www.theguardian.com/australia-
news/2020/dec/04/pm-and-
treasurer-bill-taxpayers-for-private-
jet-to-lachlan-murdochs-christmas-
party
I note that despite numerous
requests, Ministers Morrison and
Frydenberg have repeatedly failed
to provide an explanation as to their
use of public funds for the purpose
set out in the article.
Accordingly, I wish to lodge a
complaint with your office that
Ministers Morrison and Frydenberg
have therefore contravened:
- subsection 25(3) of the
Parliamentary Business Resources
Act 2017; and
- paragraphs 1.2, 1.3, 4.1, 4.4 and
6.1 of the Statement of Ministerial
Standards as published and
maintained by your office.
I request that you acknowledge this
complaint, investigate this matter
and advise me of the outcome of
your investigation.
Regards
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