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Acts not fraud related and managed by a seperate area of PM&C and DFAT

We're waiting for Trav S to read a recent response and update the status.

PM&C's website states fraud includes dishonestly causing a loss by deception or other means. Deception is the act of decieivng. Deceiving means to mislead by a false appearance or statement. Awards and Culture Branch led AusAID and members of the public to believe they would submit a declaration under HOSM Regulations 2011 to the Parliamentary Secretary to the PM for her decision in 2012.

14 Oct 2011, AusAID “Just back from a discussion… PM&C will propose words that work for CRG…. PM&C will work up a proposal for the PM.”

22 Feb 2012, PM&C “we sounded the Parliamentary Secretary to the PM”

19 Mar 2012, PM&C “here’s draft text… we propose to brief PSPM McLucas… purpose to seek Govenor-General’s agreement to extend the medal to specified commercial contractors engaged by AusAID”

22 Mar 2012, AusAID “Some movement on the Iraq/CRG HOSM issue. PM&C are prepared to put a case to the PM and will cite the GE precedent”

10 Apr 2012, OLDP “Please find attached a 1st draft of the declaration (HOSM amendment)”

11 Apr 2012 - PM&C “Here’s the 1st draft under HOSM Regulations 2011, which would repeal the current Iraq declaration under the repealed regulations... we will settle the declaration … and brief PSPM next week. Cross your fingers!”

FOI investigations reveal the Branch failed to consult the Parliamentary Secretary. They withheld the declaration from her purview and obstructed a Ministerial decision. The Branch misled AusAID and failed to inform Government that the HOSM was awarded to commercial security contractors engaged by General Electric to protect and enable the relief operation in Sumatra in 2005.

Your department decided these acts were not fraud related and is being managed by a seperate area with PM&C and DFAT. Please provide a copy of all email correspondence between these areas relating to this matter. Restrict the search to 2019 through 2022 inclusive. Take into account our right of access to documents and Parliament's intent for the public to scrutinise, discuss, comment and review the Government's activities. The Branch's claim that they have responded to these concerns is simply untrue.

Yours sincerely, Trav S

FOI, Department of the Prime Minister and Cabinet

4 Attachments

OFFICIAL

FOI/2022/023

 

Dear Trav S,

 

Thank you for your email dated 8 January 2022, received by the Department
of the Prime Minister and Cabinet (the Department), in which you made a
request to the Department under the Freedom of Information Act 1982 (the
FOI Act) in the following terms:

 

PM&C's website states fraud includes dishonestly causing a loss by
deception or other means.  Deception is the act of decieivng.  Deceiving
means to mislead by a false appearance or statement.    Awards and Culture
Branch led AusAID and members of the public to believe they would submit a
declaration under HOSM Regulations 2011 to the Parliamentary Secretary to
the PM for her decision           in 2012.  

 

14 Oct 2011, AusAID “Just back from a discussion…  PM&C will propose words
that work for CRG…. PM&C will work up a proposal for the PM.”

 

22 Feb 2012, PM&C “we sounded the Parliamentary Secretary to the PM”

 

19 Mar 2012, PM&C “here’s draft text… we propose to brief PSPM McLucas…
purpose to seek Govenor-General’s agreement to extend the medal to
specified commercial contractors engaged by   AusAID”

 

22 Mar  2012, AusAID “Some movement on the Iraq/CRG HOSM issue.  PM&C are
prepared to put a case to the PM and will cite the GE precedent”

 

10 Apr 2012, OLDP “Please find attached a 1st draft of the declaration
(HOSM amendment)”

 

11 Apr 2012  -  PM&C “Here’s the 1st draft under HOSM Regulations 2011,
which would repeal the current Iraq declaration under the repealed
regulations...  we will settle the declaration … and brief              
PSPM next week.  Cross your fingers!”

 

FOI investigations reveal the Branch failed to consult the Parliamentary
Secretary.  They withheld the declaration from her purview and obstructed
a Ministerial decision.  The Branch misled AusAID        and failed to
inform Government that the HOSM was awarded to commercial security
contractors engaged by General Electric to protect and enable the relief
operation in Sumatra in 2005. 

 

Your department decided these acts were not fraud related and is being
managed by a seperate area with PM&C and DFAT.  Please provide a copy of
all email correspondence between these areas               relating to
this matter.  Restrict the search to 2019 through 2022 inclusive.  Take
into account our right of access to documents and Parliament's intent for
the public to scrutinise, discuss, comment               and review the
Government's activities.  The Branch's claim that they have responded to
these concerns is simply untrue.

 

Timeframe for receiving your decision

 

We received your request on 8 January 2022 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 7 February 2022. The period
of 30 days may be extended in certain circumstances. We will advise you if
there is any extension of time.

 

Charges

 

Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.

 

Publication of documents

 

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email].  If you
do wish to object to the publication of information, you would need to
provide supporting reasons.

 

Exclusion of officers’ names and contact details

 

For documents that fall within scope of the request, it is the
Department’s policy to withhold:

•            any person’s signature;

•            the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);

•            the mobile or direct numbers of SES officers;

•            the names and contact details of Ministerial staff at a level
below Chief of Staff.

 

The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).

 

We will write again when the Department has more information.  Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner
[4]https://www.oaic.gov.au/freedom-of-infor....

 

Yours sincerely

 

Adviser | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box
6500  CANBERRA  ACT  2600
e. [5][email address]  w. [6]pmc.gov.au

[7]cid:image001.jpg@01D78E24.FF2DAFB0[8]cid:image002.jpg@01D78E24.FF2DAFB0

[9]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

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