APS Staff Census

Oscar Thompson made this Freedom of Information request to Australian Public Service Commission

The request was refused by Australian Public Service Commission.

From: Oscar Thompson

Delivered

Dear Australian Public Service Commission,

Please provide me with the report/s provided by the APSC to the ASADA from the 2018 APS Staff Census.

Yours faithfully,

Oscar Thompson

Link to this

From: FOI
Australian Public Service Commission

FOI reference C19/506

 

Acknowledgement of FOI request

 

 

Dear O Thompson,

 

1.      The Australian Public Service Commission (the Commission)
acknowledges receipt of your request under the Freedom of Information Act
1982 (the FOI Act), for access to documents as follows:

 

Please provide me with the report/s provided by the APSC to the ASADA from
the 2018 APS Staff Census

 

2.      Your request was received on 28 February 2019.  The statutory
timeframe for responding to your request under the FOI Act is 30 days from
the date of receipt.  This timeframe may be extended in certain
circumstances, and we will advise you if such circumstances arise.

 

Charges

 

3.      Section 29 of the FOI Act provides that agencies may apply a
processing charge for access to documents, where the request does not
concern your personal information.  You will be advised if a processing
charges applies.

 

Redaction of junior staff personal information

 

4.      Section 22 of the FOI Act provides that agencies may redact
certain material from documents where the material is deemed irrelevant to
the scope of the request. 

 

5.      The Commission’s policy is to redact the personal information,
including the contact information of public servants who are employed
below the Senior Executive level (SES).  Unless you tell us otherwise, the
Commission will consider that junior agency employees personal information
falls outside the scope of your request, and entries will be redacted.

 

Administrative release

 

6.      Where possible, the Commission will release documents under
administrative access arrangements, outside of the formalities of the FOI
Act.  Unless you advise otherwise, in the processing of your request we
will provide suitable documents to you under these arrangements, and
notify you at the time of release.

 

7.      If you have any questions relating to your request please contact
our office via email to the above address.

 

Regards,

 

 

FOI Officer

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, Parkes ACT 2600

GPO Box 3176, Canberra ACT 2601

 

 

 

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.

Link to this

From: FOI
Australian Public Service Commission

Transfer of FOI request between agencies

FOI request C19/506

 

Dear O Thompson,

 

1.      I write in relation to your FOI request dated 28 February 2019,
seeking access to 2018 APS Staff Census reports provided to ASADA, being
the Australian Sports Anti-Doping Authority.

 

2.      As the subject matter of the documents is more closely connected
with the functions of ASADA, they have agreed to accept transfer of your
FOI request in accordance with section 16(1) of the FOI Act.

 

3.      The timeframe for responding to your request does not change, and
a staff member from ASADA will contact you in due course regarding your
matter.  In the interim, you may contact ASADA by email to
[1][email address] as above.

 

Kind regards,

 

 

FOI Officer

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, Parkes ACT 2600

GPO Box 3176, Canberra ACT 2601

 

 

 

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.

References

Visible links
1. mailto:[email address]

Link to this

From: FOI

Dear Mr Thompson,

 

Our reference ASADA FOI 19-11.

 

We refer to your recent request for access to documents under the Freedom
of Information Act 1982 (FOI Act), received by ASADA on 20 March 2019 by
way of an FOI transfer from the Australian Public Service Commission
(APSC) in accordance with section 16(1) of the FOI Act.

 

We understand your request to be for:

 

                Report/s provided by the APSC to ASADA from the 2018 APS
Staff Census

 

If you believe that the scope of your request has not been interpreted
correctly, please advise ASADA as soon as possible on the contact details
listed at the conclusion of this email.

 

Your request was received by the APSC on 28 February 2019, and the 30 day
statutory period for processing your request commences from the day after
that date. You should therefore expect a decision from ASADA by Monday 1
April 2019.  The period of 30 days may be extended if we need to consult
third parties, or for other reasons. We will advise you if this happens.

 

Please note that information released under the FOI Act may later be
published online on our disclosure log subject to certain exceptions (for
example, personal information will not be published where this would be
unreasonable).

 

If you have any questions, please feel free to contact ASADA at
[1][email address].

 

Kind regards,

 

ASADA FOI

Australian Sports Anti-Doping Authority

                        

E [2][email address]

W [3]www.asada.gov.au

 

 

From: FOI [mailto:[email address]]
Sent: Wednesday, 20 March 2019 11:58 AM
To: Oscar Thompson <[FOI #5281 email]>
Cc: FOI <[email address]>
Subject: Notice of Transfer of your FOI request C19/506 [SEC=UNCLASSIFIED]

 

Transfer of FOI request between agencies

FOI request C19/506

 

Dear O Thompson,

 

1.       I write in relation to your FOI request dated 28 February 2019,
seeking access to 2018 APS Staff Census reports provided to ASADA, being
the Australian Sports Anti-Doping Authority.

 

2.       As the subject matter of the documents is more closely connected
with the functions of ASADA, they have agreed to accept transfer of your
FOI request in accordance with section 16(1) of the FOI Act.

 

3.       The timeframe for responding to your request does not change, and
a staff member from ASADA will contact you in due course regarding your
matter.  In the interim, you may contact ASADA by email to
[4][email address] as above.

 

Kind regards,

 

 

FOI Officer

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, Parkes ACT 2600

GPO Box 3176, Canberra ACT 2601

 

 

 

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender. "Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."

"Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.asada.gov.au/
4. mailto:[email address]

Link to this

From: FOI

Dear Mr Thompson,

 

We refer to your request for access to documents under the Freedom of
Information Act 1982 (FOI Act) for access to:

 

                Report/s provided by the APSC to ASADA from the 2018 APS
Staff Census

 

As you may recall from the email below, ASADA had accepted the transfer of
your FOI request from the Australian Public Service Commission (APSC) as
the subject matter of the documents is more closely connected with the
functions of ASADA.  However given that the documents originated from the
APSC and may contain information that concerns its business, commercial or
financial affairs, ASADA is required to consult with the APSC (under
section 27 of the FOI Act) before making a decision on the release of
those documents.

 

For this reason the period for processing your request has been extended
by 30 days in order to allow our agency time to consult with the APSC
(section 15(6) of the FOI Act). The processing period for your request
will now end on Wednesday 1 May 2019.

 

The consultation mechanism under section 27 applies when we believe the
person or organisation concerned may wish to contend that the requested
documents are exempt because their release would disclose trade secrets or
commercially valuable information or may adversely affect their business
or financial affairs. We will take into account any comments we receive
from the person or organisation but the final decision about whether to
grant you access to the documents you requested rests with ASADA.

 

Noting that depending on the response resulting from the consultation,
ASADA will endeavour to provide you with a decision as soon as possible.

 

Kind regards,

 

ASADA FOI

Australian Sports Anti-Doping Authority

                        

E [1][email address]

W [2]www.asada.gov.au

 

From: Vicky Tran-Rowlands On Behalf Of FOI
Sent: Tuesday, 26 March 2019 1:06 PM
To: [FOI #5281 email]
Cc: FOI <[email address]>
Subject: HPRM: FW: Notice of Transfer of your FOI request C19/506
[SEC=UNCLASSIFIED]

 

Dear Mr Thompson,

 

Our reference ASADA FOI 19-11.

 

We refer to your recent request for access to documents under the Freedom
of Information Act 1982 (FOI Act), received by ASADA on 20 March 2019 by
way of an FOI transfer from the Australian Public Service Commission
(APSC) in accordance with section 16(1) of the FOI Act.

 

We understand your request to be for:

 

                Report/s provided by the APSC to ASADA from the 2018 APS
Staff Census

 

If you believe that the scope of your request has not been interpreted
correctly, please advise ASADA as soon as possible on the contact details
listed at the conclusion of this email.

 

Your request was received by the APSC on 28 February 2019, and the 30 day
statutory period for processing your request commences from the day after
that date. You should therefore expect a decision from ASADA by Monday 1
April 2019.  The period of 30 days may be extended if we need to consult
third parties, or for other reasons. We will advise you if this happens.

 

Please note that information released under the FOI Act may later be
published online on our disclosure log subject to certain exceptions (for
example, personal information will not be published where this would be
unreasonable).

 

If you have any questions, please feel free to contact ASADA at
[3][email address].

 

Kind regards,

 

ASADA FOI

Australian Sports Anti-Doping Authority

                        

E [4][email address]

W [5]www.asada.gov.au

 

 

From: FOI [[6]mailto:[email address]]
Sent: Wednesday, 20 March 2019 11:58 AM
To: Oscar Thompson <[7][FOI #5281 email]>
Cc: FOI <[8][email address]>
Subject: Notice of Transfer of your FOI request C19/506 [SEC=UNCLASSIFIED]

 

Transfer of FOI request between agencies

FOI request C19/506

 

Dear O Thompson,

 

1.       I write in relation to your FOI request dated 28 February 2019,
seeking access to 2018 APS Staff Census reports provided to ASADA, being
the Australian Sports Anti-Doping Authority.

 

2.       As the subject matter of the documents is more closely connected
with the functions of ASADA, they have agreed to accept transfer of your
FOI request in accordance with section 16(1) of the FOI Act.

 

3.       The timeframe for responding to your request does not change, and
a staff member from ASADA will contact you in due course regarding your
matter.  In the interim, you may contact ASADA by email to
[9][email address] as above.

 

Kind regards,

 

 

FOI Officer

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, Parkes ACT 2600

GPO Box 3176, Canberra ACT 2601

 

 

 

Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender. "Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."

"Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."

"Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."

References

Visible links
1. mailto:[email address]
2. http://www.asada.gov.au/
3. mailto:[email address]
4. mailto:[email address]
5. http://www.asada.gov.au/
6. mailto:[email address]
7. mailto:[FOI #5281 email]
8. mailto:[email address]
9. mailto:[email address]

Link to this

From: FOI


Attachment Ltr to applicant FOI 19 11 Decision 1 May 2019.pdf
318K Download View as HTML

Attachment State of the Service Report 2017 18.pdf
3.0M Download View as HTML


Dear Mr Thompson,

 

Please see the attached decision letter and document released to you in
response to your request for access to documents under the Freedom of
Information Act 1982 (Cth).

 

If you have any questions, please feel free to contact ASADA at
[1][email address].

 

Kind regards,

 

 

ASADA FOI

Australian Sports Anti-Doping Authority

                        

E [2][email address]

W [3]www.asada.gov.au

 

 

 

"Important: This transmission is intended only for the use of the
addressee and may contain Protected, confidential or legally privileged
information. If you are not the intended recipient, you are notified that
any use or dissemination of this communication is strictly prohibited. If
you receive this transmission in error please notify the author
immediately and delete all copies of this transmission."

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.asada.gov.au/

Link to this

From: Oscar Thompson

Delivered

Dear Australian Public Service Commission,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Public Service Commission's handling of my FOI request 'APS Staff Census'.

ASADA has stonewalled me completely on this request, raising a bunch of hollow, spurious exemption justifications, to block the release of de-identified data as they the sky will fall upon its release. As a member of the public, I have every right, in line with the intent of the FOI Act, to see such information as that requested, and draw comfort, or otherwise, that ASADA is being well managed. If anything, I expect it would actually increase the likelihood of their staff completing future census. If this type of mundane information is wrapped up in bureaucratic chains, what meaningful information is conceivably available?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...

Yours faithfully,

Oscar Thompson

Link to this

From: FOI
Australian Public Service Commission

Dear Mr Thompson

Thank you for your email message.

As we understand it, the Australian Sports Anti-Doping Authority (ASADA) has made an access refusal decision in respect of your freedom of information (FOI) request. Your review rights in respect of ASADA's access refusal decision are as set out in ASADA's decision on your request.

Part VI of the Freedom of Information Act 1982 deals with internal review of decisions. As noted at paragraph 9.6 of the Australian Information Commissioner's FOI Guidelines, internal review is only available in respect of access refusal or access grant decisions:

https://www.oaic.gov.au/freedom-of-infor...

The Australian Public Service Commission (APSC) has not made a reviewable decision on your request. Consequently, we are unable to accept your request for internal review.

Regards
___________________________________________________
FOI Officer
Australian Public Service Commission

p : 02 6202 3500
e : [APSC request email] | w : www.apsc.gov.au

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Locutus Sum left an annotation ()

The applicant sent a request for information to the Australian Public Service Commission. The Commission decided not to deal with the request and sent it to another agency that might have been more relevant. The second agency refused the request. The applicant then asked the Australian Public Service Commission for an internal review.

This is a place where Right to Know does not work so well. It is the agency that made the access refusal decision that must also do the internal review but the web page here on Right to Know is set up to communicate with the original agency. In my opinion, it would have been polite for the Australian Public Service Commission to forward the request for internal review to the second agency but I do not think they are obliged to do this. And they did not. So the time for internal review has expired.

If the applicant wants to make a new request he can do this and he should make it to the second agency. He could say that he has already made the request and that it was refused but he missed various deadlines because of the confusion of correspondence. Also to say he is now only making a new request so he can create a new right of internal review.

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