Arrangements between Commonwealth Ombudsman and Australian Public Service Commission and other matters

The request was partially successful.

Dear Australian Public Service Commission,

I request access to documents under the Freedom of Information Act 1982 (Cth) (FOI Act).

Part 1

Please grant access to any documents that set out an arrangement between the Commonwealth Ombudsman and the Australian Public Service Commissioner in respect to the officers of whom all inquiries, or inquiries included in a class or classes of inquiries specified in the arrangement, are to be made by the Ombudsman in pursuance of subsection 7(1) of the Ombudsman Act 1976 (Cth) with respect to action that has been or is taken by the Department or authority.

Part 2

Subsection 8(1A) of the Ombudsman Act 1976 (Cth) provides:

The Ombudsman may from time to time make with the principal officer of a Department or of a prescribed authority an arrangement with respect to the manner in which, and the period within which, the Ombudsman is to inform that principal officer that he or she proposes to investigate action taken by the Department or authority, being action included in a class or classes of actions specified in the arrangement.

Please grant access to any documents that set out an arrangement between the Commonwealth Ombudsman and the Australian Public Service Commissioner with respect to the manner in which, and the period within which, the Ombudsman is to inform the Australian Public Service Commissioner that he or she proposes to investigate action taken by the Australian Public Service Commission, being action included in a class or classes of actions specified in the arrangement.

Part 3

Subsection 12(2) of the Ombudsman Act 1976 (Cth) provides:

The Ombudsman may from time to time make with a Department or with a prescribed authority an arrangement in relation to actions in respect of which complaints have been or are made to the Ombudsman, being actions taken by the Department or authority that are included in a class or classes of actions specified in the arrangement:

a) providing for the manner in which, and the period within which, the Ombudsman is to inform the Department or authority of his or her decision not to investigate, or to continue to investigate, such actions and of the reasons for his or her decision; or
b) providing that the Ombudsman is not required to inform the Department or authority of his or her decision not to investigate, or to continue to investigate, such actions and of the reasons for his or her decision.

Please grant access to any documents that set out such an arrangement between the Ombudsman and the Australian Public Service Commission.

Part 4

Please grant access to any operational or administrative documents (in the broadest sense of those qualifying terms) that set out how internal disclosures under the Public Interest Disclosure Act 2013 are to be handled by relevant members of staff in the Australian Public Service Commission.

Part 5

Please grant access to any operational or administrative documents (in the broadest sense of those qualifying terms) that set out how relevant members of staff in the Australian Public Service Commission will cooperate with staff members in the Office of the Commonwealth Ombudsman when somebody from the Office of the Commonwealth Ombudsman proposes to, or does, investigate, under the Ombudsman Act 1976, an inadequately investigated disclosure under the Public Interest Disclosure Act 2013 by the Australian Public Service Commissioner or one of his delegates.

Part 6

Please grant access to all written instruments issued by the Australian Public Service Commissioner since 1 June 2014 delegating any or all of his or her functions or powers under the Public Interest Disclosure Act 2013 to a public official who belongs to the Australia Public Service Commission.

Please do not redact the titles or classifications of the officials identified in each instrument issued since 1 June 2014.

Part 7

Assuming that in:

a) the 2019-2020 fiscal year;
b) the 2020-2021 fiscal year; and
c) 1 July 2021 - 15 January 2022,

the Australian Public Service Commissioner or any of his delegates sought external legal advice in relation to public interest disclosures that were investigated by the Commissioner or his delegates, please provide scans or digital copies of the invoices issued by those external legal service providers for the work done.

You may provide access to the documents requested by providing scans or digital copies of the documents by return email.

Thanks.

Alex

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Alex

The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request under the Freedom of Information Act 1982 (FOI
Act).

The timeframe for responding to your request is 30 days from the date of
receipt. This timeframe may be extended in certain circumstances. You will
be notified if these circumstances arise and the timeframe is extended.

 

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

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

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This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.

 

 

 

 

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FOI, Australian Public Service Commission

19 Attachments

OFFICIAL

Dear Applicant

 

Please find attached:

 

·         A Decision Notice;

·         Documents 1 – 12; and

·         Attachment C.

 

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

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

[2]three hexagons[3]twitter icon [4]facebook
icon                          

 

 

 

 

This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.

 

 

 

 

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Dear FOI,

Thank you.

Yours sincerely,

Alex