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Contracts between Launch Recruitment and the AAT

John Smith made this Freedom of Information request to Administrative Appeals Tribunal

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From: John Smith

Delivered

Dear Administrative Appeals Tribunal,

I request the following documents:

1. A copy of all contracts between the labour hire provider 'Launch Recruitment' and the AAT, in the possession of either the AAT or 'Launch Recruitment'.

2. A copy of any of the AAT's policies & procedures, with regard to the use of labour hire firms, and labour hire arrangements.

Yours faithfully,
John Smith

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From: FOI
Administrative Appeals Tribunal


Attachment Request consultation s 24AB Smith.pdf
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Dear Mr Smith,

Please find attached a letter regarding your Freedom of Information requests lodged on 17 February 2020.

Kind regards,

Skye M
Policy Officer

Administrative Appeals Tribunal
Principal Registry, Sydney
Legal and Policy
T: 02 9276 5449 F: 02 9276 5599
E: [AAT request email]

www.aat.gov.au

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From: John Smith

Delivered

Dear Skye M

Thank you for your reply

[[Section 24 of the FOI Act – Multiple requests]]

I request that you do not treat these requests as a single request, as the requests relate to documents with substantially different subject matter.
A contract, by its very nature; has a substantially different subject matter to a financial record. A financial record has a substantially different subject matter to labour hire engagement guidelines. (and so on)

I put to you, that you do not have the requisite grounds to be satisfied that the requests should be consolidated. Please treat them separately.

[[Your intention to refuse my request]]

I propose that my requests be narrowed as follows:

1. A copy of all contracts between the labour hire providers 'Launch Recruitment' and the
AAT, in the possession of either the AAT or 'Launch Recruitment'
Please narrow the request to a copy of all documents that meet this description, for the months of September and October 2019

2. A copy of any of the AAT's policies & procedures, regarding the use of labour hire firms,
and labour hire arrangements.
Please narrow the request to only include documents that meet this description, that are available on the AAT’s intranet.

3. Any documents in possession of the AAT that detail the amount being spent by the AAT
on the procurement of labour hire staff.
Please narrow this request to only include documents that are monthly & quarterly reports, spreadsheets, or on an AAT database

4. Any documents in possession of the AAT that detail the number of labour hire staff that
have worked at the AAT.
Please narrow this request to only include documents that detail the number of labour hire staff in aggregate working at the AAT. For example, the document the AAT’s procurement section provided to you to inform you that there are 551 individuals working at the AAT; would be sufficient.

5. Any email correspondence between the AAT and any of its labour hire agencies that
discuss the contracts of employees of labour hire agencies; who have/will, perform work
at/on behalf of, the AAT
Please narrow this request to only include email correspondence between a staff member of the AAT and a labour hire provider; in the month of October 2019

6. Copies of any staff emails in either the month of December 2019, or January 2020; that
mention section 6 of the Public Service Act.
Please narrow this request to only include emails in either the month of December 2019, or January 2020; that contain the exact term “public service act” (not case sensitive). Please also narrow the request to only include the emails of officers within the MRD division.

7. Copies of any staff emails in either the month of December 2019, or January 2020; that
mention the public service code of conduct.
I withdraw this request.

8. Copies of any emails between the AAT and any of its labour hire providers that mention
the APS code of conduct.
Please narrow this request to exclude deleted or archived emails.

9. A copy of all contracts between any labour hire provider and the AAT, in the possession
of either the AAT or the respective labour hire provider.
Please narrow this request to only include contracts entered into between the months of September 2019 and October 2019.

I await your response
Yours faithfully,
John Smith

Link to this

From: FOI
Administrative Appeals Tribunal


Attachment FOI ref.2020 0016 SMITH Consultation.pdf
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Dear Mr Smith,

 

Please find attached letter in relation to your FOI request (ref no.
2020/0016).

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal and Policy

E:  [1][AAT request email]       

 

[2]www.aat.gov.au

 

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From: John Smith

Delivered

Dear FOI,

Thank you for your correspondence and please narrow the request in the following ways:

3. Please restrict this to the 2019 calendar year as you suggest.

5. Please narrow this request to documents between the following specific senior AAT officers, and any labour hire agency, for the month of October 2019:
- Chris Sutton
- Sera Clemens

I note that inefficient record management is not a valid reason for an agency to claim that an FOI request is in and of itself, an unreasonable burden on an agency.(https://idm.net.au/article/0011435-bad-r.... I do not agree for this request to be refined to exclude deleted or archived emails.

6. Similar to part 5 of my request, please narrow this request to the following specific senior AAT officers:
- Chris Sutton
- Sera Clemens

8. Please narrow this request to only include the emails of the following AAT senior officers:
- Chris Sutton
- Sera Clemens

9. Please narrow this request to only include contracts between the AAT and Launch Recruitment Pty Ltd, Hays recruitment, Adecco Pty Ltd, Wilson security; and associated entities of those four companies.

As labour hire usage throughout the APS is a matter of significant public concern and debate, I ask that the processing charge in this instance be waived.

e.g. https://www.thesaturdaypaper.com.au/news...

I also note that inefficient record keeping practices are not a justification for exorbitant fees claimed in response to an FOI request: https://idm.net.au/article/0011435-bad-r...

Yours sincerely,

John Smith

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From: FOI
Administrative Appeals Tribunal


Attachment FOI ref.2020 0016 Charge notice.pdf
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Dear Mr Smith,

 

Thank you for your response below.

 

Please find attached a letter notifying you that you are liable to pay a
charge in relation to your Freedom of Information request no. 2020/0016.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal and Policy

E:  [1][AAT request email]       

 

[2]www.aat.gov.au

 

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From: Tahnee De Souza


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Our reference: RQ20/01254
Agency reference: 2020/0016

 

Mr John Smith

Sent by email: [1][FOI #6163 email]

Extension of time application by the Administrative Appeals Tribunal

Dear Mr Smith

 

I write to advise that on 18 March 2020, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Administrative Appeals Tribunal (the AAT) for an extension of time to
process your FOI request of 17 February 2020.

 

The AAT has applied for an extension of time under s15AB of the Freedom
of Information Act 1982 (Cth) because your request is considered to be
voluminous and complex.

 

The AAT has advised the OAIC that:

 

·        the AAT has consulted with you under s 24AB of the FOI Act and
has given you two opportunities to narrow your request

·        whilst the request has been narrowed, there are still aspects of
this request which are complex and voluminous

·        further consultation is required, particularly as the request is
likely to capture personal information and business information

·        part 3 of this request involves retrieving information from the
AAT’s finance database which is not designed to extract the particular
information which has been requested in isolation, and

·        parts 5, 6 and 8 of this request involve searches of the inboxes
of individual AAT staff.

The AAT has requested an extension to 20 April 2020. The decision maker
will take any comments you may have to make into account when deciding the
application.

 

Please respond to this email by close of business 25 March 2020. Please do
not hesitate to contact us before this date should you require further
time to provide your response. If I do not hear from you by this date, the
decision maker will proceed to make a decision on the basis of the
information provided to the OAIC by the AAT.

 

You will be notified of the decision once the matter has been finalised.

 

Further information about extension of time requests may be found on our
website at [2]Extensions of time.

Contact

If you have any questions, please contact me on (02) 9284 9861 or via
email [3][email address]. In all correspondence please include
reference number at the top of this email.

 

Yours sincerely

 

[4]OAIC   Tahnee De Souza  |  Assistant
Review and Investigation
Adviser

Freedom of information

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [5]oaic.gov.au

+61 2 9284 9861  | 
[6][email address]
[10]Subscribe [11]Subscribe to
[7]Facebook | [8]LinkedIn | [9]Twitter |   icon Information
Matters

 

 

 

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From: John Smith

Delivered

Dear Tahnee De Souza,

The proposed charge exceeding $6,000 is manifestly ridiculous; given now narrow scope of documents sought.

If that is the charge the AAT proposes, I intend to appeal.

Yours sincerely,

John Smith

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From: John Smith

Delivered

Dear Tahnee De Souza,

In an effort to be cooperative, I offer to further narrow the scope of my FOI request to exclude:'

1. Narrow the request to not include contracts where the AAT is merely a 3rd party to a contract between a labour hire firm, and a labour hire employee.

3. any document that is neither a monthly or quarterly final report.

5. further narrow the request to only include email correspondence between 21st October and 25th October (inclusive).

6. further narrow the request to only include email correspondence between 16th December 2019, and 20th December 2019 (inclusive).

8. further narrow the request to only include the emails of Chris Sutton and Sera Clemens between 16th December 2019 and 20th December 2019 (inclusive).

9. further narrow the request to only include contracts between the AAT and the following firms and their associates: Launch Recruitment Pty Ltd, Hays recruitment, Adecco Pty Ltd, Wilson security. Do not include contracts where the AAT is merely a 3rd party fo the contract between a labour hire firm, and a labour hire employee.

Given the public interest surrounding the use of labour hire firms throughout the public service, I again request that the FOI fee be waived in this instance. Please acknowledge this request for a fee waiver.

Yours sincerely,

John Smith

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From: Tahnee De Souza


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Our reference: RQ20/01254
Agency reference: 2020/0016
 
Mr John Smith
By email: [1][FOI #6163 email]
 
Dear Mr Smith
 
Thank you for your emails dated 26 March 2020 and I apologise for the
delay in responding.
 
Extension of time application
 
The Office of the Australian Information Commissioner (the OAIC) is
considering the extension of time application it received on 18 March 2020
from the Administrative Appeals Tribunal (the AAT) in relation to your FOI
request.
 
The OAIC will issue a decision on the extension of time application
shortly.
 
Please contact me if you would like to discuss the AAT’s extension of time
application further.
 
FOI request scope and charges
 
Please contact the AAT directly if you would like to revise the scope of
your FOI request or in relation to any charges issued by the AAT.
 
Kind Regards
 

Tahnee De Souza  |  Assistant Review and Investigation Adviser
Freedom of information
[2][IMG] Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001  |  [3]oaic.gov.au
+61 2 9284 9861  |  [4][email address]

[5][IMG] | [6][IMG] | [7][IMG] | [8]Subscribe to Information Matters

 

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