APSC Commissioner attended meetings

Anonymous made this Freedom of Information request to Australian Public Service Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

I request the Commissioner's diary showing meetings attended since 1 July 2017.

Yours faithfully,

Anonymous

FOI, Australian Public Service Commission

Dear Applicant,

I refer to your request for access to documents under the Freedom of Information Act 1982 (Cth) (the FOI Act), as below.

Your request was received on 9 August 2017 and 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. We will advise you if such circumstances arise.

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.

Should you have any questions in relation to your request, please contact the FOI team by reply email.

Kind regards,
FOI Officer
Legal Services

Australian Public Service Commission
Level 6, Aviation House, 16 Furzer Street, PHILLIP ACT 2606

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FOI, Australian Public Service Commission

1 Attachment

Dear Sir/Madam

Please find attached correspondence in relation to your freedom of information request of 9 August 2017.

Regards
____________________________________________________
FOI Officer
Legal Services

Australian Public Service Commission
Treasury Building, Parkes Place West, Parkes ACT 2600 GPO Box 3176, Canberra ACT 2601

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Fliccy left an annotation ()

You should definitely challenge this charges notice. I am happy to assist if you would like.

Attempting to charge you for $1200 (8 days of work) to print out 5 weeks of the Commissioner's diary is outrageous and entirely unethical.

If the Commissioner is attending meetings in his capacity as $700k p/a tax payer funded Public Service Commissioner in accordance with the obligations imposed on him by the Public Service Act 1999, he should have no problem disclosing to the Australian public (who pays his salary) who he has met with. That the APSC is attempting to keep his meetings secret is dodgy in the extreme.

This is simply a case of the decision-maker making a charges decision for the purpose of thwarting the objects of the FOI Act - disgraceful behaviour from a senior exec at the APSC - an agency who's meant to lead the way on honesty, transparency and impartiality.

Precedent is strong here because George Brandis, Mitch Fifield and the Prime Minister have all been ordered, either by the Information Commissioner, the AAT or the Federal Court, to hand over their diaries under the FOI Act. See:
http://foi-privacy.blogspot.nl/2017/03/t...
https://www.facebook.com/FiberalPartyOfA...
https://www.claytonutz.com/knowledge/201...

If transparent behaviour in respect of diary entries is a requirement of those Ministers, it's certainly a requirement for someone of Mr Lloyd's character. Indeed, it's warranted. Remember, this is a man that was offered the $700K p/a job of Public Service Commissioner by Eric Abetz, over the phone, without a merit based selection process, largely on the basis that he was a card carrying member of the Liberal Party and far right wing lobby group, the IPA.

The reason the decision-maker has determined an extortionate preliminary fee assessment is to prevent anyone from seeing the Commissioner's diary entries - most likely because they will be awkward and incriminating. It's a FOI processing ploy that's fashionable among the more dodgy agencies - they simply hope you'll go away.

So you need to challenge the charges notice on the basis that it should be reduced or not imposed (mention of your review rights at 'Attachment A' is a legal error by the decision-maker). Again, I am happy to help.

FOI, Australian Public Service Commission

1 Attachment

Dear Applicant,

We note that the correspondence submitted to you yesterday did not provide all pages.

Therefore, please disregard our email of 7 September (copied below) and instead refer to the attached correspondence.

Kind regards,

FOI Officer
Legal Services

Australian Public Service Commission
Treasury Building, Parkes Place West, Parkes ACT 2600 GPO Box 3176, Canberra ACT 2601

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Verity Pane left an annotation ()

A ridiculous charges assessment, of an excessive decision making time calculation, that deserves upmost criticism.

Unfortunately it’s also a stunt pulled not only by the current First Law Officer of the Land, George Brandis https://www.crikey.com.au/2017/03/20/583... , but also Mitch Fifield and the current PM Malcolm Turnbull, for no other basis that to unlawfully and unethically subvert the Freedom of Information Act obligations, and it deserves condemnation.

As shown in the Brandis case, which was ridiculously run through the Tribunal and the Courts, the diaries themselves are of very simple information that require very little decision making time to process.

Stephanie Johnson left an annotation ()

*utmost

Verity Pane left an annotation ()

*pedantic *unhelpful