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Dear Department of Employment and Workplace Relations,

I request access to documents under the Freedom of Information Act 1982. I seek access to the following documents:

1. All documents including advice and submissions provided by the Department to the Minister’s Office in relation to Australian Building and Construction Commission (ABCC), the Code for the Tendering and Performance of Building Work 2016 (Building Code) or the Code for the Tendering and Performance of Building Work Amendment Instrument 2022 (Amended Building Code).
2. Communication between the Department and the Minister’s Office in relation to the ABCC or the Building Code or Amended Building Code during the period 1 June 2022 to 25 July 2022.
3. Internal communication within the Department between 1 June 2022 and 25 July 2022 relating to the ABCC or the Building Code or the Amended Building Code.

In this request a reference to the Minister’s Office includes a reference to the Minister and a reference to communication includes emails, correspondence, electronic messages (eg whatsapp, signal etc), meeting invites, and other forms of communication.

Names and contact details for departmental staff below the SES level are not required and can be treated as irrelevant under s22 of the Act for the purposes of this request.

Duplicates of documents are not required.

Yours faithfully,

BE

DEWR - FOI, Department of Employment and Workplace Relations

You have contacted the Freedom of Information Team at the Commonwealth
Department of Employment and Workplace Relations (the department).  If
your email relates to a Freedom of Information (FOI) application made
under the Freedom of Information Act 1982 (Cth) (FOI Act), the department
will respond as soon as possible.

 

This email address is only for applications for access to documents under
the FOI Act.  The department is unable to respond to non-FOI related
enquiries sent to this email address, and accordingly, emails sent to this
email address that are not FOI related will not be responded to or
forwarded. If you have a non-FOI related enquiry for the department, you
can contact the department by using the online enquiry form at
[1]https://www.dese.gov.au/about-us/contact....

 

Regards,

Freedom of Information Team

Department of Employment and Workplace Relations

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.dese.gov.au/about-us/contact...

DEWR - FOI, Department of Employment and Workplace Relations

Dear BE

 

I refer to your request, received by the Department of Employment and
Workplace Relations (department) on 8 August 2022, for access under the
Freedom of Information Act 1982 (FOI Act) to the following:

 

"1. All documents including advice and submissions provided by the
Department to the Minister’s Office in relation to Australian Building and
Construction Commission (ABCC), the Code for the Tendering and Performance
of Building Work 2016 (Building Code) or the Code for the Tendering and
Performance of Building Work Amendment Instrument 2022 (Amended Building
Code). 

2. Communication between the Department and the Minister’s Office in
relation to the ABCC or the Building Code or Amended Building Code during
the period 1 June 2022 to 25 July 2022.

3. Internal communication within the Department between 1 June 2022 and 25
July 2022 relating to the ABCC or the Building Code or the Amended
Building Code.

 

In this request a reference to the Minister’s Office includes a reference
to the Minister and a reference to communication includes emails,
correspondence, electronic messages (eg whatsapp, signal etc), meeting
invites, and other forms of communication.

 

Names and contact details for departmental staff below the SES level are
not required and can be treated as irrelevant under s22 of the Act for the
purposes of this request. Duplicates of documents are not required."

 

Your request was received by the department on 8 August 2022 and the 30
day statutory period for processing your request commenced from the day
after that date. The period of 30 days may be extended if we need to
consult third parties or for other reasons permitted under the FOI Act. We
will advise you if this happens.

 

Charges

 

The department will advise you if a charge is payable to process your
request and the amount of any such charge as soon as practicable.

 

Your address

 

The FOI Act requires that you provide us with an address that we can send
notices to. You have advised your electronic address is
[1][FOI #9244 email]. Unless you tell us
otherwise, we will send all notices and correspondence to this address.

 

Disclosure log

 

Information released under the FOI Act may be published on a disclosure
log on our website, subject to certain exceptions. These exceptions
include where publication of personal, business, professional or
commercial information would be unreasonable.

 

Exclusion of employee details

 

To the extent the department has documents in its possession that fall
within the scope of your request, we will treat the names, signatures,
position titles, staff identification numbers and direct contact details
of Commonwealth employees as irrelevant in accordance with section 22 of
the FOI Act, unless you tell us otherwise by Monday 15 August 2022.

 

Further assistance

 

If you have any questions about your request, please email
[2][DEWR request email].

 

Yours sincerely

 

 

Claudia

Freedom of Information Team

Australian Government Department of Employment and Workplace Relations

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #9244 email]
2. mailto:[DEWR request email]

Dear DEWR - FOI,

Thanks for your email response and acknowledgement. In relation to your request to treat "names, signatures, position titles, staff identification numbers and direct contact details
of Commonwealth employees as irrelevant in accordance with section 22 of
the FOI Act" I confirm that names, signatures, staff identification numbers and direct contact details for all staff below SES level are not required (but position titles are).

In relation to SES level employees only names and position titles are required - no staff identification numbers, emails or contact details are required.

I understand that the approach I have requested above is consistent with the general process adopted across many public service agencies.

Thank you.

Yours sincerely,

BE

DEWR - FOI, Department of Employment and Workplace Relations

1 Attachment

Dear BE

 

Please see attached correspondence concerning your FOI request.

 

Yours sincerely

 

Freedom of Information Team

Australian Government Department of Employment and Workplace Relations

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

Dear DEWR - FOI,
I confirm that I am willing tor reduce the scope of my request to be for the following documents after taking into account the advice set out in your letter:

1. All communications between the Department and the Minister’s Office between 20 June 2022 -20 July 2022 inclusive in relation to:
a. the potential abolition of the Australian Building and Construction Commission (ABCC); or
b. the amendment or potential amendment of the Code for the Tendering and Performance of Building Work 2016 (including in relation to the Code for the Tendering and Performance of Building Work Amendment Instrument 2022).

2. Communication within or between any of the following areas of the Department: the Workplace Relations Legal Group; the Bargaining and Industry Policy Branch and the Office of the Secretary between 20 June – 20 July 2022 relating to:
a. the potential abolition of the ABCC; or
b. the amendment or potential amendment of the Code for the Tendering and Performance of Building Work 2016 (including in relation to the Code for the Tendering and Performance of Building Work Amendment Instrument 2022).

I note that I have consulted the material that is publicly available including documents provided to the Parliament and the publicly available documents do not fulfil my requests. I note that above is a significant reduction in the scope of the request and trust that it is now able to be processed by the Department.

Yours sincerely,

BE

DEWR - FOI, Department of Employment and Workplace Relations

1 Attachment

Dear BE

 

I refer to your FOI request and attach the department’s decision in
response to your request.

 

Yours sincerely

 

 

Freedom of Information Team

Australian Government Department of Employment and Workplace Relations

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

We don't know whether the most recent response to this request contains information or not – if you are BE please sign in and let everyone know.