Correspondence to and from the ACCC
Dear Australian Competition and Consumer Commission,
The following is a request under the Freedom of Information Act 1992 (the “FOI Act”).
I seek access to email correspondence between the Chairman of the ACCC, Mr Rod Sims, and the Australian Public Service Commissioner, Mr John Lloyd (in his capacity as Public Service Commissioner or otherwise), between the period of 8 December 2014 to the date of this application.
For the avoidance of any doubt, my request refers to documents sent by Mr Sims to Mr Lloyd, as well as documents sent by Mr Lloyd to Mr Sims.
Documents falling within the scope of my request can be quickly identified and retrieved by searching all items (including archived items) in Mr Sims' email account profile according to persons sent to, and received from.
Further, I am willing to agree to the ACCC redacting, from any relevant document, the personal information of any person mentioned in that document, except where that person was, at the relevant time: i) a public servant; or ii) a member of parliament. Noting paragraphs 6.153-6.154 of the FOI guidelines, this refinement of my request should negate any need for the ACCC to consult with any third parties under s.27A of the FOI Act.
Thank you.
Good morning,
Please find attached letter for your consideration.
Regards,
Sonya Petreski
FOI Administration Assistant | Corporate Law Unit, Legal Group
Australian Competition & Consumer Commission
Level 2 | 23 Marcus Clarke Street Canberra 2601 |
[1]http://www.[ACCC request email]
T: +61 2 6243 1244 | F: +61 2 6243 1210
P Please consider the environment before printing this email
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IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC [2]www.accc.gov.au
References
Visible links
1. http://www.accc.gov.au/
http://www.accc.gov.au/
2. http://www.accc.gov.au/
Good afternoon,
Please find attached letter for your consideration.
Regards,
Sonya Petreski
FOI Administration Assistant | Corporate Law Unit, Legal Group
Australian Competition & Consumer Commission
Level 2 | 23 Marcus Clarke Street Canberra 2601 |
[1]http://www.[ACCC request email]
T: +61 2 6243 1244 | F: +61 2 6243 1210
P Please consider the environment before printing this email
---
IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC [2]www.accc.gov.au
References
Visible links
1. http://www.accc.gov.au/
http://www.accc.gov.au/
2. http://www.accc.gov.au/
Dear FOI,
In response to your letter to me of 27 February 2018, I wish to revise the scope of my request by agreeing to the ACCC excluding:
i) attachments to any relevant emails; and
ii) all but the last email in email chains/threads
from the scope of my request.
I remind the ACCC that it has generally been accepted that between 30 seconds per page (See 'FF' and Australian Taxation Office [2015] AICmr 25 [23]) to five minutes per page (See 'EU' and Department of Human Services [2015] AICmr 15 [52]) is a reasonable estimate of the time required for an agency to assess and edit documents. Also, that the FOI Guidelines explain that any charges imposed under the FOI Act must be fair, accurate and should not be used to unreasonably hinder an applicant from pursuing an FOI request.
As previously stated I am willing to agree to the ACCC redacting the personal information of any person mentioned in that document, except where that person was, at the relevant time: i) a public servant; or ii) a member of parliament.
Good afternoon M Pool.
Please find attached letter for your consideration.
Regards.
Will Herron
FOI Coordinator
Corporate and Regulatory Law Unit | Legal Group
Australian Competition & Consumer Commission
23 Marcus Clarke Street Canberra 2601 [1]http://www.accc.gov.au
T: +61 0 6243 1325 | F: +61 0 6243 1210
P Please consider the environment before printing this email
---
IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC [2]www.accc.gov.au
References
Visible links
1. http://www.accc.gov.au/
2. http://www.accc.gov.au/
Dear FOI,
On 27 February 2018, the ACCC issued me with a notice under subsection 24(1) of the Freedom of Information Act 1982 (the FOI Act). In rationalising its intention to refuse my request the ACCC explained that: “[…] your request, as it currently stands, would capture approximately 38 documents, 500 pages of material […] In addition, I consider that 131 hours of staff time would be required for tasks including examination of documents, consultation, copying of documents and notification of decision.”
In response to that notice, I substantially revised the scope of my request by excluding email attachments (which likely include lengthy APS remuneration reports, APS employee census reports and draft enterprise agreements) as well as duplicate emails. The amendment of the scope of my request in this way will have the effect of substantially reducing the number of pages of relevant material from the 500 pages alleged.
I also reiterated to the ACCC that I was agreeable to the personal information of any person contained in the relevant documents to be redacted where that information relates to persons other than public servants and MPs - thereby negating any need for the ACCC to consult with any third parties under s.27A of the FOI Act.
Paragraph 29(1)(b) of the FOI Act provides that a notice issued pursuant to subsection 29(1) of the FOI Act must state, among other things: “the agency’s or Minister’s preliminary assessment of the amount of the charge, AND THE BASIS ON WHICH THE ASSESSMENT IS MADE” [emphasis added].
I refer to the ACCC’s notice to me dated 14 March 2018, purportedly issued under s.29(1) of the FOI Act. Paragraph four of that notice simply states: “[i]n accordance with s.29 of the Act, I have decided that you are liable to pay a charge in respect of the processing of your request. My preliminary assessment of that charge is $333.09 (AUD).”
Despite the clear requirements of paragraph 29(1)(b) of the FOI Act, the notice contains no information which sets out the basis on which the ACCC’s preliminary assessment is made.
Accordingly, the ACCC’s notice issued to me on 14 March 2018 is not valid at law. Further, I note that subsection 13(4) of the Public Service Act 1999 requires that APS employees comply with all applicable Australian laws and that a contravention of subsection 13(4) of the Public Service Act 1999 constitutes “disclosable conduct” for the purposes of the Public Interest Disclosure Act 2013.
That being the case, I recommend that the ACCC revoke its notice issued to me on 14 March 2018 and either: i) replace it with a notice that complies with the requirements of the FOI (including by providing an *honest* explanation of the basis upon which a charges assessment has been made (which includes, among other things, the number of relevant pages involved); or ii) otherwise process my request in accordance with the requirements of the FOI Act (and the Public Service Act).
At this point, it’s appropriate to remind ACCC staff of their obligations under the Public Service Act 1999 which relevantly requires ACCC staff to behave ethically, honestly, apolitically, transparently, with integrity and in compliance with the law.
Sent a follow up to Australian Competition and Consumer Commission again.
Good afternoon M Pool,
Please find attached letter for your consideration.
Regards,
Sonya Petreski
FOI Administration Assistant | Corporate Law Unit, Legal Group
Australian Competition & Consumer Commission
Level 2 | 23 Marcus Clarke Street Canberra 2601 |
[1]http://www.[ACCC request email]
T: +61 2 6243 1244 | F: +61 2 6243 1210
P Please consider the environment before printing this email
---
IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC [2]www.accc.gov.au
References
Visible links
1. http://www.accc.gov.au/
http://www.accc.gov.au/
2. http://www.accc.gov.au/
Good morning M Pool.
Please find attached letter for your consideration.
Regards.
Will Herron
FOI Coordinator
Corporate Law Unit | Legal and Economic Division
Australian Competition & Consumer Commission
23 Marcus Clarke Street Canberra 2601 [1]http://www.accc.gov.au
T: +61 0 6243 1325 | F: +61 0 6243 1210
The ACCC acknowledges the traditional custodians of Country throughout
Australia and recognises their continuing connection to the land, sea and
community. We pay our respects to them and their cultures; and to their
Elders past, present and future.
---
IMPORTANT: This email from the Australian Competition and Consumer
Commission (ACCC), and any attachments to it, may contain information that
is confidential and may also be the subject of legal, professional or
other privilege. If you are not the intended recipient, you must not
review, copy, disseminate, disclose to others or take action in reliance
on, any material contained within this email. If you have received this
email in error, please let the ACCC know by reply email to the sender
informing them of the mistake and delete all copies from your computer
system. For the purposes of the Spam Act 2003, this email is authorised by
the ACCC [2]www.accc.gov.au
References
Visible links
1. http://www.accc.gov.au/
2. http://www.accc.gov.au/