Document 01
Contains deletions under FOI
Gregory Parkhurst
From:
Michael Manthorpe
Sent:
Tuesday, 4 May 2021 5:39 PM
To:
Lisa Collett; Penny McKay
Cc:
Carmen s 47F
Subject:
Re: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
Yes, good to see. MM
Get Outlook for iOS
From: Lisa Collett s 47E
Sent: Tuesday, May 4, 2021 5:33:32 PM
To: Michael Manthorpe s 47E
Penny McKay
s 47E
Cc: Carmen s 47F
s 47E
Subject: FW: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
MM and PMcK FYI.
Thanks for the follow up Carmen – nicely handled.
Lisa Collett Chief Operating Officer Commonwealth Ombudsman Making Privacy A Priority Phone: s 47E
Email: s 47E
Website: www.ombudsman.gov.au
From: Carmen s 47F
s 47E
Sent: Tuesday, 4 May 2021 9:27 AM
To: Lisa Collett s 47E
Cc: Julia Taylor s 47E
Subject: RE: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Right to know website have now taken down the post.
1
Document 01
Contains deletions under FOI
From: Carmen s 47F
Sent: Friday, 30 April 2021 2:39 PM
To: Lisa Collett s 47E
Subject: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
See attached response. I don’t propose a reply at this stage.
I’ve not received a response from the R2K website and am following up.
Carmen
From: Human Resources <xxxxx.xxxxxxxxx@xxxxxxxxx.xxx.xx>
Sent: Wednesday, 28 April 2021 4:45 PM
To: Lisa Collett s 47E
Cc: Information Access <xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx>
Subject: FW: Allegations about Ombudsman officers [SEC=UNOFFICIAL]
FYI and file please
From: Information Access
Sent: Wednesday, 28 April 2021 4:39 PM
To: foi+request‐6894‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Cc: xxxxxxx@xxxxxxxxxxx.xxx.xx
Subject: Allegations about Ombudsman officers [SEC=UNOFFICIAL]
Dear anonymous
I refer to your message of 23 April 2021 in which you have made unsubstantiated allegations about Ombudsman
officers’ involvement in conduct you consider to be corrupt. The Office consider this is an inappropriate and potentially
unlawful use of the Right to Know (R2K) website. It is also contrary to the R2K House Rules stipulating that the site
should be used ‘only to request specific information, not for general correspondence with public authorities’ and
requests and annotations should not include potentially defamatory/potential libellous comments (such as
allegations) or post information that is harassing, defamatory, abusive, threatening, harmful.
Nothing in the 23 April 2021 message relates to a request for information from the Office or progresses any avenue for
review of your access request. As you have been advised in the notices of decision on your FOI request and internal
review, if you disagree with the way that your FOI requests have been dealt with or the decision made, it is open to you
to make an FOI complaint or apply for Information Commissioner review of the decision.
I request that :
your message of 23 April 2021 is removed immediately
you do not use this site to make any further such allegations; and
ensure any further requests to or comments about officers of the Commonwealth Ombudsman on this
site are within the R2K House Rules.
I have copied in the R2K team to request their assistance to remove the 23 April 2021 message and for consideration of
the application of their House Rules.
Yours sincerely
2
Document 01
Contains deletions under FOI
Carmen
Carmen s 47F
Director, Human Resources and Legal
COMMONWEALTH OMBUDSMAN
Proud to be working on the lands of Jagera and Turabal peoples Phone: 1300 362 072
Email: ombudsman @ombudsman.gov.au
Website: ombudsman.gov.au
Influencing systemic improvement in public administration The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
3
Document 02
Contains deletions under FOI
Gregory Parkhurst
From:
Lisa Collett
Sent:
Tuesday, 4 May 2021 5:34 PM
To:
Michael Manthorpe; Penny McKay
Cc:
Carmen s 47F
Subject:
FW: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
MM and PMcK FYI.
Thanks for the follow up Carmen – nicely handled.
Lisa Collett
Chief Operating Officer
Commonwealth Ombudsman
Making Privacy A Priority
Phone: s 47E
Email: s 47E
Website: www.ombudsman.gov.au
From: Carmen s 47F
s 47E
Sent: Tuesday, 4 May 2021 9:27 AM
To: Lisa Collett s 47E
Cc: Julia Taylor s 47E
Subject: RE: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Right to know website have now taken down the post.
From: Carmen s 47F
Sent: Friday, 30 April 2021 2:39 PM
To: Lisa Collett s 47E
Subject: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
See attached response. I don’t propose a reply at this stage.
I’ve not received a response from the R2K website and am following up.
Carmen
1
Document 02
Contains deletions under FOI
From: Human Resources <xxxxx.xxxxxxxxx@xxxxxxxxx.xxx.xx>
Sent: Wednesday, 28 April 2021 4:45 PM
To: Lisa Collett s 47E
Cc: Information Access <xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx>
Subject: FW: Allegations about Ombudsman officers [SEC=UNOFFICIAL]
FYI and file please
From: Information Access
Sent: Wednesday, 28 April 2021 4:39 PM
To: foi+request‐6894‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Cc: xxxxxxx@xxxxxxxxxxx.xxx.xx
Subject: Allegations about Ombudsman officers [SEC=UNOFFICIAL]
Dear anonymous
I refer to your message of 23 April 2021 in which you have made unsubstantiated allegations about Ombudsman
officers’ involvement in conduct you consider to be corrupt. The Office consider this is an inappropriate and potentially
unlawful use of the Right to Know (R2K) website. It is also contrary to the R2K House Rules stipulating that the site
should be used ‘only to request specific information, not for general correspondence with public authorities’ and
requests and annotations should not include potentially defamatory/potential libellous comments (such as
allegations) or post information that is harassing, defamatory, abusive, threatening, harmful.
Nothing in the 23 April 2021 message relates to a request for information from the Office or progresses any avenue for
review of your access request. As you have been advised in the notices of decision on your FOI request and internal
review, if you disagree with the way that your FOI requests have been dealt with or the decision made, it is open to you
to make an FOI complaint or apply for Information Commissioner review of the decision.
I request that :
- your message of 23 April 2021 is removed immediately
- you do not use this site to make any further such allegations; and
- ensure any further requests to or comments about officers of the Commonwealth Ombudsman on this
site are within the R2K House Rules.
I have copied in the R2K team to request their assistance to remove the 23 April 2021 message and for consideration of
the application of their House Rules.
Yours sincerely
Carmen
Carmen s 47F
Director, Human Resources and Legal
COMMONWEALTH OMBUDSMAN
Proud to be working on the lands of Jagera and Turabal peoples
Phone: 1300 362 072
Email: ombudsman @ombudsman.gov.au
Website: ombudsman.gov.au
2
Document 02
Contains deletions under FOI
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
3
Document 03
Contains deletions under FOI
Gregory Parkhurst
From:
Carmen s 47F
Sent:
Monday, 19 April 2021 1:46 PM
To:
Penny McKay
Cc:
Lisa Collett; Leisa s 47F
Subject:
FOI assurance process - proposed alert system [SEC=OFFICIAL:Sensitive]
Attachments:
20210330 - FOI email alert - template example.pdf; FOI alert template - decision notification for
sensitive requests.pdf; FOI Alert - new FOI request - [brief description] - FOI 20XX-XXXX; FOI Alert -
access decision [and disclosure log publication] - [brief description] - FOI 20XX-XXXX
OFFICIAL: Sensitive
Dear Penny
As you are aware we are reviewing our FOI processes and practices, and Charine and I briefed Lisa on progress late last
week. Leisa and I will shortly send you a note explaining the things that the review is exploring, and the things that have
been identified in a similar review of our privacy functions.
In the course of briefing Lisa, we obtained possibly a better understanding of what you are seeking in terms of
assurance about the FOI function.
To that end, as an initial change to provide greater visibility and assurance about complex and sensitive FOI requests, we
propose to introduce:
1. An email alert process when such requests are received
2. A step for the relevant team/SAO to review the proposed decision on the request
3. An email alert to notify you and relevant SAOs about a decision and any documents that will be released.
We propose to introduce this for all new FOI applications received from 3 May so that we can incorporate your
views/feedback, socialise with the team, and get procedures set up to implement (including talking to IT to see if this
can be incorporated into the resolve workflow).
The regular reporting on significant FOI and legal matters would continue for now to provide further oversight of FOI
caseload and how they are being progressed.
1 New FOI notification When a new email is received that may attract media or other external questions, the Legal Team will send an email
alert to you, the COO, relevant SAOs and the communications team
‐
This would include requests from an MP, Senator or journalist or where the applicant or their issue may be
likely to be reported externally such as requests made via the Right to Know website
‐
The main purpose of this would be to provide awareness. It would also provide an opportunity to seek further
information or flag urgent sensitivities if they arise.
2 Consultation with relevant managers Before finalising a decision, the FOI officer would to seek input from the Director or SAO for the relevant business area.
The Director or SAO would also be asked to advise if further briefing or consultation should be undertaken about the
sensitivity of the material or broader handling in conjunction with other possibly relevant processes.
‐
if the documents are ones involving you or the Ombudsman personally, your views on any sensitivity about
release or handling would also be sought
1
Document 03
Contains deletions under FOI
‐
This consultation would need to be prioritised and responded to within 3‐5 days (hard deadline) to ensure that
the Legal team are able to comply with the statutory processing times
3 FOI decision notification An email alert will be sent to tell you, the COO, relevant SAOs and the communications team 2‐3 days about a decision
that has been made ahead of the FOI decision being sent
‐
The main purpose of this would be to provide notice of material that will be released and to prepare for
possible media or other enquiries.
Examples of the email alerts are attached. It is envisaged these would be saved as email signatures by members of the
Legal team to seek to streamline the process. These could be updated to incorporate any changes to content or
distribution approach you would prefer or refined over time.
Happy to discuss
Kind regards
Carmen and Leisa
2
Attachment to document 03
Disclosed under FOI
Bennett, Charine
Subject:
FOI Alert - publication/release to media - [brief description] - FOI 20XX-XXXX
[Address to relevant SAO/Team leader cc COO, media team]
Good morning /afternoon
A decision has been made to give access to documents regarding [topic] under the
Freedom of Information Act 1982.
Possible media or other enquiries may arise.
A copy of the decision is attached. Documents required to be provided to the FOI applicant [say who] on [date] are at
[location/link]. Documents are/are not required to be published on the Ombudsman disclosure log.
The documents also relate to [other Department /agency] – they have been / are being notified about this release.
If you require further information, please contact me (or the FOI decision-maker).
Kind regards
[Director Legal or Senior FOI Officer]
1
Attachment to document 03
Disclosed under FOI
Charine Bennett
Subject:
FOI Alert - access decision [and disclosure log publication] - [brief description] - FOI
20XX-XXXX
[Address to relevant SAO cc Team leader, COO, Deputy Ombudsman, media team]
Good morning/afternoon
I have made a decision under the Freedom of Information Act 1982 (FOI Act) to give [applicant eg MP, Senator,
journalist, person via Right to Know website] access to documents [regarding topic/ relevant to [quote or
paraphrase request]. [adjust to explain if the decision is to refuse access or that no documents exist and this may
also be sensitive]
I have taken into account input from [you or name of Director] in making my decision.
A copy of the decision that will be sent on [date] is attached. Documents required to be provided to the FOI
applicant are at [link]. Documents are /are not required to be published on the Ombudsman disclosure log.
The documents also relate to [other Department/agency] who have been /are being notified about this release. [add
brief explanation about whether any information other agency objected to is to be disclosed].
Please feel free to contact me if you would like further information at this point.
Kind regards
1
Attachment to document 03
Disclosed under FOI
Gregory Parkhurst
Subject:
FOI Alert - new FOI request - [brief description] - FOI 20XX-XXXX
[Address to relevant SAO cc Team leader, COO, Deputy Ombudsman, media team]
Good morning/afternoon
The office has received a new freedom of information (FOI) request that may be sensitive or complex. [applicant eg MP,
Senator, journalist, person via Right to Know website] has requested access to [quote or paraphrase request].
I am the FOI decision maker for this request. I will consult with [the relevant team] about any sensitivities relevant to
the decision and views on any further consultation that may be appropriate for this request.
This initial 30 day processing period for the request is [date].
Please feel free to contact me if you would like further information at this point.
Kind regards
1
Attachment to document 03
Disclosed under FOI
Gregory Parkhurst
Subject:
FOI Alert - access decision [and disclosure log publication] - [brief description] - FOI 20XX-XXXX
[Address to relevant SAO cc Team leader, COO, Deputy Ombudsman, media team]
Good morning/afternoon
I have made a decision under the
Freedom of Information Act 1982 (FOI Act) to give [applicant eg MP, Senator,
journalist, person via Right to Know website] access to documents [regarding topic/ relevant to [quote or paraphrase
request]. [adjust to explain if the decision is to refuse access or that no documents exist and this may also be sensitive]
I have taken into account input from [you or name of Director] in making my decision.
A copy of the decision that will be sent on [date] is attached. Documents required to be provided to the FOI applicant
are at [link]. Documents are /are not required to be published on the Ombudsman disclosure log.
The documents also relate to [other Department/agency] who have been /are being notified about this release. [add
brief explanation about whether any information other agency objected to is to be disclosed].
Please feel free to contact me if you would like further information at this point.
Kind regards
1
Document 04
Contains deletions under FOI
Gregory Parkhurst
From:
Penny McKay
Sent:
Wednesday, 5 May 2021 8:07 AM
To:
Michael Manthorpe; Lisa Collett
Cc:
Carmen s 47F
Subject:
RE: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Thanks Carmen.
Penny McKay
DEPUTY COMMONWEALTH OMBUDSMAN
Making Privacy A Priority
Phone: s 47E
| Mob: s 47E
Email: s 47E
Website: www.ombudsman.gov.au
From: Michael Manthorpe s 47E
Sent: Tuesday, 4 May 2021 5:39 PM
To: Lisa Collett s 47E
Penny McKay s 47E
Cc: Carmen s 47F
s 47E
Subject: Re: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
Yes, good to see. MM
Get Outlook for iOS
From: Lisa Collett s 47E
Sent: Tuesday, May 4, 2021 5:33:32 PM
To: Michael Manthorpe s 47E
Penny McKay
s 47E
Cc: Carmen s 47F
s 47E
Subject: FW: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
MM and PMcK FYI.
Thanks for the follow up Carmen – nicely handled.
Lisa Collett
1
Document 04
Contains deletions under FOI
Chief Operating Officer Commonwealth Ombudsman Making Privacy A Priority Phone: s 47E
Email: s 47E
Website: www.ombudsman.gov.au
From: Carmen s 47F
<s 47E
Sent: Tuesday, 4 May 2021 9:27 AM
To: Lisa Collett s 47E
Cc: Julia Taylor s 47E
Subject: RE: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Right to know website have now taken down the post.
From: Carmen s 47F
Sent: Friday, 30 April 2021 2:39 PM
To: Lisa Collett s 47E
Subject: Allegations about Ombudsman officers [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
See attached response. I don’t propose a reply at this stage.
I’ve not received a response from the R2K website and am following up.
Carmen
From: Human Resources <xxxxx.xxxxxxxxx@xxxxxxxxx.xxx.xx>
Sent: Wednesday, 28 April 2021 4:45 PM
To: Lisa Collett s 47E
Cc: Information Access <xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx>
Subject: FW: Allegations about Ombudsman officers [SEC=UNOFFICIAL]
FYI and file please
From: Information Access
Sent: Wednesday, 28 April 2021 4:39 PM
To: foi+request‐6894‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
Cc: xxxxxxx@xxxxxxxxxxx.xxx.xx
Subject: Allegations about Ombudsman officers [SEC=UNOFFICIAL]
2
Document 04
Contains deletions under FOI
Dear anonymous
I refer to your message of 23 April 2021 in which you have made unsubstantiated allegations about Ombudsman
officers’ involvement in conduct you consider to be corrupt. The Office consider this is an inappropriate and potentially
unlawful use of the Right to Know (R2K) website. It is also contrary to the R2K House Rules stipulating that the site
should be used ‘only to request specific information, not for general correspondence with public authorities’ and
requests and annotations should not include potentially defamatory/potential libellous comments (such as
allegations) or post information that is harassing, defamatory, abusive, threatening, harmful.
Nothing in the 23 April 2021 message relates to a request for information from the Office or progresses any avenue for
review of your access request. As you have been advised in the notices of decision on your FOI request and internal
review, if you disagree with the way that your FOI requests have been dealt with or the decision made, it is open to you
to make an FOI complaint or apply for Information Commissioner review of the decision.
I request that :
your message of 23 April 2021 is removed immediately
you do not use this site to make any further such allegations; and
ensure any further requests to or comments about officers of the Commonwealth Ombudsman on this
site are within the R2K House Rules.
I have copied in the R2K team to request their assistance to remove the 23 April 2021 message and for consideration of
the application of their House Rules.
Yours sincerely
Carmen
Carmen s 47F
Director, Human Resources and Legal
COMMONWEALTH OMBUDSMAN
Proud to be working on the lands of Jagera and Turabal peoples Phone: 1300 362 072
Email: ombudsman @ombudsman.gov.au
Website: ombudsman.gov.au
Influencing systemic improvement in public administration The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
3
Document 04
Contains deletions under FOI
4
Document 05
Contains deletions under FOI
Gregory Parkhurst
From:
Michael Manthorpe
Sent:
Wednesday, 28 April 2021 2:12 PM
To:
Lisa Collett; Penny McKay
Cc:
Carmen s 47F
; Leisa s 47F
Subject:
RE: For your consideration: Former Officers named on Right to Know Website
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
OFFICIAL: Sensitive
Lisa
I’ve discussed with Penny and we both agree this is the right approach. It is absolutely unacceptable to make wild
allegations about the integrity of our staff, or former staff, in this way. Pls proceed as proposed.
MM
Michael Manthorpe
COMMONWEALTH OMBUDSMAN
Phone: s 47E
Mob: s 47E
Email: s 47E
Website: ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout
Australia and their continuing connection to land, culture and community. We pay our respects to elders past
and present.
From: Lisa Collett s 47E
Sent: Wednesday, 28 April 2021 12:10 PM
To: Penny McKay s 47E
Michael Manthorpe
s 47E
Cc: Carmen s 47F
s 47E
Leisa s 47F
s 47E
Subject: For your consideration: Former Officers named on Right to Know Website [SEC=OFFICIAL:Sensitive]
Importance: High
OFFICIAL: Sensitive
OFFICIAL: Sensitive
MM and PMcK
1
Document 05
s 42
Grateful for your thoughts on this one.
Many thanks
Lisa
Lisa Collett
Chief Operating Officer
Commonwealth Ombudsman
Proud to be working on the lands of the Ngunnawal and Ngambri peoples
Phone: s 47E
Email: s 47E
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
From: Carmen s 47F
s 47E
Sent: Wednesday, 28 April 2021 11:16 AM
To: Lisa Collett s 47E
Cc: Legal s 47E
Subject: FW: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
OFFICIAL: Sensitive
3
Document 05
Contains deletions under FOI
Hi Lisa
Further advice below – will call to discuss.
Carmen
From: Charine Bennett s 47E
Sent: Wednesday, 28 April 2021 11:09 AM
To: Leisa s 47F
s 47E
Cc: Carmen s 47F
s 47F
Bennett, Charine <xxxxxxx.xxxxxxx@xxx.xxx.xx>
Subject: RE: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
OFFICIAL: Sensitive
s 42
4
Document 05
Contains deletions under FOI
s 42
Charine Bennett
Outposted Lawyer | Legal Team
Corporate Branch
COMMONWEALTH OMBUDSMAN
Phone: s 47E
Email: s 47E
Website: ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout Australia and
their continuing connection to land, culture and community. We pay our respects to elders past and present.
From: Leisa s 47F
s 47E
Sent: Wednesday, 28 April 2021 10:17 AM
To: Charine Bennett s 47E
Bennett, Charine <xxxxxxx.xxxxxxx@xxx.xxx.xx>
Subject: FW: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
Importance: High
OFFICIAL: Sensitive
Hi Charine,
5
Document 05
Contains deletions under FOI
Please see chain of emails below including Carmen’s from yesterday. You will see that unfortunately your prepared
response was not sent to Anonymous before the actual post occurred on R2K. We would be grateful for any advice you
might have on further actions that are available to us. Lisa C was considering the approach suggested by Carmen
yesterday, but I understand the email has not yet been sent. Happy to chat if you need. Carmen is away but is available
by text if you need to speak with her directly.
Thanks,
Leisa
Leisa s 47F
Legal Team
Corporate Branch
COMMONWEALTH OMBUDSMAN
Phone: s 47E
Email: s 47E
Website: ombudsman.gov.au
Please note that I work part time Mon – Wed. Alternatively you may contact the Legal Team s 47E
Influencing systemic improvement in public administration
IMPORTANT: This message may contain confidential or legally privileged information, disclosing the contents or
discussing them with a third party may result in any privilege being lost. Please do not speak to anyone outside our
agency about this email (or any of its attachments) without first consulting the Legal Team. If you think this email was
sent to you by mistake, please delete all copies and advise the sender
From: Carmen s 47F
s 47E
Sent: Tuesday, 27 April 2021 10:18 AM
To: Lisa Collett s 47E
Julia Taylor s 47E
Cc: Claire s 47F
<s 47E
Leisa s 47F
s 47E
Legal s 47E
Subject: RE: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
6
Document 05
Contains deletions under FOI
[SEC=OFFICIAL:Sensitive]
Importance: High
OFFICIAL: Sensitive
Hello
The applicant has published names on 23 April ‐ and before I could write to them as planned ‐ I checked the page on
Friday afternoon but didn't check over the weekend ‐ see last message in the attached page.
https://www.righttoknow.org.au/request/michael manthorpes emails#outgoing‐14474
The response that was to be sent was in these terms
Dear Anonymous
We refer to your comment of 14 April 2021 that ‘In anticipation of another politically motivated and improperly
made access refusal or charges decision, I intend .. naming former and current Ombudsman officers’ involved in
conduct you consider to be corrupt.
The Right to Know website publishes House Rules stipulating that the site should be used ‘only to request
specific information, not for general correspondence with public authorities’ and requests and annotations
should not include potentially defamatory/potential libellous comments (such as allegations) or post information
that is harassing, defamatory, abusive, threatening, harmful.
If you disagree with the way that your FOI requests have been dealt with or the decision made, it is open to you
to make an FOI complaint or apply for Information Commissioner review of the decision.
We would consider adding the words ‘and your post of 23 April’ at the end of the first sentence above and then seek
further advice on action. Leisa – perhaps you could contact Charine for advice?
Carmen
‐‐‐‐‐Original Message‐‐‐‐‐
From: Lisa Collett s 47E
Sent: Friday, 23 April 2021 1:36 PM
To: Carmen s 47F
s 47E
Julia Taylors 47E
Cc: Claire s 47F
s 47E
Leisa s 47F
s 47E
au>;
Legal s 47E
Subject: RE: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Hi All
I spoke with MM and PMck about this at my catch up this week.
The agree with the advice we have received in terms of our response. Carmen I assume this one will sit in the legal team
to manage?
Thanks
Lisa
7
Document 05
Contains deletions under FOI
Lisa Collett
Chief Operating Officer
Commonwealth Ombudsman
Proud to be working on the lands of the Ngunnawal and Ngambri peoples
Phone: s 47E
Email: s 47E
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Carmen s 47F
s 47E
Sent: Monday, 19 April 2021 1:53 PM
To: Julia Taylor s 47E
Lisa Collett s 47E
Cc: Claire s 47F
s 47E
Leisa s 47F
s 47E
Legal s 47E
Subject: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear Julia and Lisa
Please see attached advice on possible handling of potential publication of officer names.
I'll set up some time to discuss with you tomorrow.
Kind regards
Carmen
s
47E
‐‐‐‐‐Original Message‐‐‐‐‐
From: Carmen s 47F
Sent: Friday, 16 April 2021 12:55 PM
To: Julia Taylor s 47E
Lisa Collett s 47E
Cc: Claire s 47F
s 47E
Subject: RE: Your internal review request: FOI‐2020‐10085 [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
I've spoken to Claire this morning and I think we have identified staff in relation to the disclosures about the former
Commissioner.
I've not been able to identify who might be involved in the earlier disclosure referred to (2016).
Carmen
‐‐‐‐‐Original Message‐‐‐‐‐
From: Julia Taylor s 47E
8
Document 05
Contains deletions under FOI
Sent: Friday, 16 April 2021 12:49 PM
To: Carmen s 47F
s 47E
Lisa Collett s 47E
Cc: Caitlin s 47F s 47E
Subject: RE: Your internal review request: FOI‐2020‐10085 [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Thanks Carmen, do we know which staff this is referring to?
Julia Taylor
A/g Deputy Ombudsman
Indigenous Executive Champion
COMMONWEALTH OMBUDSMAN
Proud to be working on the lands of Ngunnawal and Ngambri peoples
Phone: s 47E
Mobile: s 47E
Email: js 47E
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Carmen s 47F
<s 47E
Sent: Thursday, 15 April 2021 9:57 PM
To: Lisa Collett s 47E
Julia Taylor s 47E
Cc: Caitlin s 47F s 47E
Subject: FYI: Your internal review request: FOI‐2020‐10085 [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Hi Lisa and Julia
Lisa ‐ this is the correspondence I mentioned in my previous email. The applicant is saying that they are going to name
'the former and current Commonwealth Ombudsman officers involved in the corruption referred to in my email of 15
February 2020'.
The email refers to public interest disclosures made to this office about former APS Commissioner John Lloyd in 2018.
Further detail is in the attached.
Carmen
‐‐‐‐‐Original Message‐‐‐‐‐
From: Caitlin s 47F s 47E
Sent: Thursday, 15 April 2021 4:35 PM
To: Carmen s 47F
s 47E
Subject: FW: Your internal review request: FOI‐2020‐10085 [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Good Afternoon Carmen,
9
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Contains deletions under FOI
Please see the email below from the FOI applicant ‐ unsure who would be 'named'? happy to discuss. I believe the
individual is referring to their email of 15 February 2021 (attached).
I am due to provide a decision notice on their other FOI request (FOI‐2021‐10009) by COB tomorrow.
Sincerely,
Caitlin s 47F
‐‐‐‐‐Original Message‐‐‐‐‐
From: S Rivken <foi+request‐6894‐xxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent: Wednesday, 14 April 2021 5:30 PM
To: Information Access <xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx>
Subject: Re: Your internal review request: FOI‐2020‐10085
Dear Information Access,
In anticipation of another politically motivated and improperly made access refusal or charges decision, I intend on
naming the former and current Commonwealth Ombudsman officers involved in the corruption referred to in my email
of 15 February 2020 (noting that there is no independent body to which Commonwealth public sector corruption, such
as that engaged in by those officers, can be referred for investigation).
That act will obviously be of some assistance to any incoming Government intent on restoring the Office of the
Commonwealth Ombudsman to once again being an independent and apolitical body that conducts itself with honesty
and integrity. If the Office of the Commonwealth Ombudsman has any legitimate concerns with that proposed course of
action, please let me know.
Yours sincerely,
S Rivken
‐‐‐‐‐Original Message‐‐‐‐‐
Dear Anonymous
10
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Contains deletions under FOI
Please see attached my decision in relation to your request for an
internal review of Mr Parkhurst’s decision dated 14 January 2021.
If you have any queries, you are welcome to contact me on the details
below.
Kind regards,
Fiona s 47F
Lawyer | Legal Team
Commonwealth Ombudsman
Ph: 1300 362 072 | Fax: 02 6276 0123
email: [1][CO request email]
11
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Contains deletions under FOI
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[CO request email]
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
foi+request‐6894‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fhelp%2Fofficers&a
mp;data=04%7C01%7CInformation.Access%40ombudsman.gov.au%7C9afa012e21f0437b227108d8ff171ea9%7C443ee9
e811ff4c829e4139331045260a%7C0%7C1%7C637539822128270886%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLj
AwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=hYuhyMVsyybSTRSoWIuDxF%2BxVz
mWGK%2FHJZtiXY1xLn4%3D&reserved=0
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI
page.
12
Document 05
Contains deletions under FOI
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
13
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Contains deletions under FOI
Gregory Parkhurst
From:
Lisa Collett
Sent:
Wednesday, 28 April 2021 12:10 PM
To:
Penny McKay; Michael Manthorpe
Cc:
Carmen s 47F
Leisa s 47F
Subject:
For your consideration: Former Officers named on Right to Know Website [SEC=OFFICIAL:Sensitive]
Attachments:
Capture.PNG
Importance:
High
OFFICIAL: Sensitive
OFFICIAL: Sensitive
MM and PMcK
The Right to know website has published the names of four of our former staff – Shirley s 47F Peter s 47F
Kristy s
and Brigid s 47F
47F
The have posted the below:
1
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Contains deletions under FOI
s 42
Grateful for your thoughts on this one.
Many thanks
Lisa
Lisa Collett
Chief Operating Officer
Commonwealth Ombudsman
Proud to be working on the lands of the Ngunnawal and Ngambri peoples
Phone: s 47E
Email: s 47E
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
From: Carmen s 47F
<s 47E
Sent: Wednesday, 28 April 2021 11:16 AM
To: Lisa Collett s 47E
Cc: Legal s 47E
Subject: FW: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
OFFICIAL: Sensitive
Hi Lisa
Further advice below – will call to discuss.
3
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Contains deletions under FOI
Carmen
From: Charine Bennett s 47E
Sent: Wednesday, 28 April 2021 11:09 AM
To: Leisa s 47F
s 47E
Cc: Carmen s 47F
s 47E
Bennett, Charine <xxxxxxx.xxxxxxx@xxx.xxx.xx>
Subject: RE: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
OFFICIAL: Sensitive
s 42
4
Document 06
s 42
Charine Bennett
Outposted Lawyer | Legal Team
Corporate Branch
COMMONWEALTH OMBUDSMAN
Phone: s 47E
Email: s 47E
Website: ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout Australia and
their continuing connection to land, culture and community. We pay our respects to elders past and present.
From: Leisa s 47F
s 47E
Sent: Wednesday, 28 April 2021 10:17 AM
To: Charine Bennett s 47E
Bennett, Charine <xxxxxxx.xxxxxxx@xxx.xxx.xx>
Subject: FW: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
Importance: High
OFFICIAL: Sensitive
Hi Charine,
Please see chain of emails below including Carmen’s from yesterday. You will see that unfortunately your prepared
response was not sent to Anonymous before the actual post occurred on R2K. We would be grateful for any advice you
might have on further actions that are available to us. Lisa C was considering the approach suggested by Carmen
5
Document 06
Contains deletions under FOI
yesterday, but I understand the email has not yet been sent. Happy to chat if you need. Carmen is away but is available
by text if you need to speak with her directly.
Thanks,
Leisa
Leisa s 47F
Legal Team
Corporate Branch
COMMONWEALTH OMBUDSMAN
Phone: s 47E
Email: s 47E
Website: ombudsman.gov.au
Please note that I work part time Mon – Wed. Alternatively you may contact the Legal Team s 47E
Influencing systemic improvement in public administration
IMPORTANT: This message may contain confidential or legally privileged information, disclosing the contents or
discussing them with a third party may result in any privilege being lost. Please do not speak to anyone outside our
agency about this email (or any of its attachments) without first consulting the Legal Team. If you think this email was
sent to you by mistake, please delete all copies and advise the sender
From: Carmen s 47F
<s 47E
Sent: Tuesday, 27 April 2021 10:18 AM
To: Lisa Collett s 47E
Julia Taylor s 47E
Cc: Claire s 47F
s 47E
Leisa s 47F
s 47E
Legal s 47E
Subject: RE: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
Importance: High
OFFICIAL: Sensitive
Hello
6
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Contains deletions under FOI
The applicant has published names on 23 April ‐ and before I could write to them as planned ‐ I checked the page on
Friday afternoon but didn't check over the weekend ‐ see last message in the attached page.
https://www.righttoknow.org.au/request/michael manthorpes emails#outgoing‐14474
The response that was to be sent was in these terms
Dear Anonymous
We refer to your comment of 14 April 2021 that ‘In anticipation of another politically motivated and improperly
made access refusal or charges decision, I intend .. naming former and current Ombudsman officers’ involved in
conduct you consider to be corrupt.
The Right to Know website publishes House Rules stipulating that the site should be used ‘only to request
specific information, not for general correspondence with public authorities’ and requests and annotations
should not include potentially defamatory/potential libellous comments (such as allegations) or post information
that is harassing, defamatory, abusive, threatening, harmful.
If you disagree with the way that your FOI requests have been dealt with or the decision made, it is open to you
to make an FOI complaint or apply for Information Commissioner review of the decision.
We would consider adding the words ‘and your post of 23 April’ at the end of the first sentence above and then seek
further advice on action. Leisa – perhaps you could contact Charine for advice?
Carmen
‐‐‐‐‐Original Message‐‐‐‐‐
From: Lisa Collett s 47E
Sent: Friday, 23 April 2021 1:36 PM
To: Carmen s 47F
<s 47E
Julia Taylor s 47E
Cc: Claire s 47F
s 47E
Leisa s 47F
<s 47E
Legal s 47E
Subject: RE: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Hi All
I spoke with MM and PMck about this at my catch up this week.
The agree with the advice we have received in terms of our response. Carmen I assume this one will sit in the legal team
to manage?
Thanks
Lisa
Lisa Collett
Chief Operating Officer
Commonwealth Ombudsman
Proud to be working on the lands of the Ngunnawal and Ngambri peoples
Phone: s 47E
7
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Contains deletions under FOI
Email: s 47E
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Carmen s 47F
<s 47E
Sent: Monday, 19 April 2021 1:53 PM
To: Julia Taylor s 47E
Lisa Collett s 47E
Cc: Claire s 47F
s 47E
Leisa s 47F
s 47E
Legal s 47E
Subject: Response to email about publishing officers names: Your internal review request: FOI‐2020‐10085
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Dear Julia and Lisa
Please see attached advice on possible handling of potential publication of officer names.
I'll set up some time to discuss with you tomorrow.
Kind regards
Carmen
s
47E
‐‐‐‐‐Original Message‐‐‐‐‐
From: Carmen s 47F
Sent: Friday, 16 April 2021 12:55 PM
To: Julia Taylor s 47E
Lisa Collett s 47E
Cc: Claire s 47F
s 47E
Subject: RE: Your internal review request: FOI‐2020‐10085 [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
I've spoken to Claire this morning and I think we have identified staff in relation to the disclosures about the former
Commissioner.
I've not been able to identify who might be involved in the earlier disclosure referred to (2016).
Carmen
‐‐‐‐‐Original Message‐‐‐‐‐
From: Julia Taylor s 47E
Sent: Friday, 16 April 2021 12:49 PM
To: Carmen s 47F
s 47E
Lisa Collett s 47E
Cc: Caitlin s 47F s 47E
Subject: RE: Your internal review request: FOI‐2020‐10085 [SEC=OFFICIAL:Sensitive]
8
Document 06
Contains deletions under FOI
OFFICIAL: Sensitive
Thanks Carmen, do we know which staff this is referring to?
Julia Taylor
A/g Deputy Ombudsman
Indigenous Executive Champion
COMMONWEALTH OMBUDSMAN
Proud to be working on the lands of Ngunnawal and Ngambri peoples
Phone: s 47E
Mobile: s 47E
Email: s 47E
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Carmen s 47F
s 47E
Sent: Thursday, 15 April 2021 9:57 PM
To: Lisa Collett s 47E
Julia Taylor s 47E
Cc: Caitlin s 47F s 47E
Subject: FYI: Your internal review request: FOI‐2020‐10085 [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Hi Lisa and Julia
Lisa ‐ this is the correspondence I mentioned in my previous email. The applicant is saying that they are going to name
'the former and current Commonwealth Ombudsman officers involved in the corruption referred to in my email of 15
February 2020'.
The email refers to public interest disclosures made to this office about former APS Commissioner John Lloyd in 2018.
Further detail is in the attached.
Carmen
‐‐‐‐‐Original Message‐‐‐‐‐
From: Caitlin s 47F s 47E
Sent: Thursday, 15 April 2021 4:35 PM
To: Carmen s 47F
s 47E
Subject: FW: Your internal review request: FOI‐2020‐10085 [SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
Good Afternoon Carmen,
Please see the email below from the FOI applicant ‐ unsure who would be 'named'? happy to discuss. I believe the
individual is referring to their email of 15 February 2021 (attached).
9
Document 06
Contains deletions under FOI
I am due to provide a decision notice on their other FOI request (FOI‐2021‐10009) by COB tomorrow.
Sincerely,
Caitlin s 47F
‐‐‐‐‐Original Message‐‐‐‐‐
From: S Rivken <foi+request‐6894‐xxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent: Wednesday, 14 April 2021 5:30 PM
To: Information Access <xxxxxxxxxxx.xxxxxx@xxxxxxxxx.xxx.xx>
Subject: Re: Your internal review request: FOI‐2020‐10085
Dear Information Access,
In anticipation of another politically motivated and improperly made access refusal or charges decision, I intend on
naming the former and current Commonwealth Ombudsman officers involved in the corruption referred to in my email
of 15 February 2020 (noting that there is no independent body to which Commonwealth public sector corruption, such
as that engaged in by those officers, can be referred for investigation).
That act will obviously be of some assistance to any incoming Government intent on restoring the Office of the
Commonwealth Ombudsman to once again being an independent and apolitical body that conducts itself with honesty
and integrity. If the Office of the Commonwealth Ombudsman has any legitimate concerns with that proposed course of
action, please let me know.
Yours sincerely,
S Rivken
‐‐‐‐‐Original Message‐‐‐‐‐
Dear Anonymous
Please see attached my decision in relation to your request for an
internal review of Mr Parkhurst’s decision dated 14 January 2021.
10
Document 06
Contains deletions under FOI
If you have any queries, you are welcome to contact me on the details
below.
Kind regards,
Fionas 47F
Lawyer | Legal Team
Commonwealth Ombudsman
Ph: 1300 362 072 | Fax: 02 6276 0123
email: [1][CO request email]
11
Document 06
Contains deletions under FOI
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[CO request email]
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Please use this email address for all replies to this request:
foi+request‐6894‐xxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.righttoknow.org.au%2Fhelp%2Fofficers&a
mp;data=04%7C01%7CInformation.Access%40ombudsman.gov.au%7C9afa012e21f0437b227108d8ff171ea9%7C443ee9
e811ff4c829e4139331045260a%7C0%7C1%7C637539822128270886%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLj
AwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=hYuhyMVsyybSTRSoWIuDxF%2BxVz
mWGK%2FHJZtiXY1xLn4%3D&reserved=0
Please note that in some cases publication of requests and responses will be delayed.
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI
page.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
12
