Correspondence to and from the Secretary
Dear Department of the Prime Minister and Cabinet,
The following is a request under the Freedom of Information Act 1992 (the “FOI Act”).
I seek access to correspondence between the Secretary of the Department of Prime Minister and Cabinet, Dr Martin Parkinson, and the Australian Public Service Commission, Mr John Lloyd, between the period of 3 December 2015 to the date of this application, that in any way concerns:
- the Government’s Workplace Bargaining Policy for the Commonwealth Public Service;
- the public interest in, or the public disclosure of, the remuneration of SES officers or other highly paid officers in the Commonwealth public service;
- the remuneration of SES officers;
- Mr Lloyd’s relationship to any thinks tanks, lobby groups, employer organisations or political parties;
- any aspect of the Public Service Act 1999, including, but not limited to, the interpretation or application of the APS Values/APS Code of Conduct;
- any aspect of the Freedom of Information Act 1992 or the Public Interest Disclosure Act 2013
For the avoidance of any doubt, my request refers to documents sent by Dr Parkinson to Mr Lloyd, as well as documents sent by Mr Lloyd to Dr Parkinson.
Documents failing within the scope of my request can be quickly identified and retrieved by searching the Department’s email servers using relevant search terms. I am aware of the existence of at least seven documents that fall within the scope of my request.
Thank you.
UNCLASSIFIED
FOI/2017/137
Dear M Pool
Thank you for your email dated 15 August 2017, received by the Department
of the Prime Minister and Cabinet (the Department), in which you made a
request to the Department under the Freedom of Information Act 1982 (the
FOI Act) in the following terms:
I seek access to correspondence between the Secretary of the Department of
Prime Minister and Cabinet, Dr Martin Parkinson, and the Australian Public
Service Commission, Mr John Lloyd, between the period of 3 December 2015
to the date of this application, that in any way concerns:
- the Government’s Workplace Bargaining Policy for the
Commonwealth Public Service;
- the public interest in, or the public disclosure of, the
remuneration of SES officers or other highly paid officers in the
Commonwealth public service;
- the remuneration of SES officers;
- Mr Lloyd’s relationship to any thinks tanks, lobby groups,
employer organisations or political parties;
- any aspect of the Public Service Act 1999, including, but
not limited to, the interpretation or application of the APS Values/APS
Code of Conduct;
- any aspect of the Freedom of Information Act 1992 or the
Public Interest Disclosure Act 2013
For the avoidance of any doubt, my request refers to documents sent by Dr
Parkinson to Mr Lloyd, as well as documents sent by Mr Lloyd to Dr
Parkinson.
Documents failing within the scope of my request can be quickly identified
and retrieved by searching the Department’s email servers using relevant
search terms. I am aware of the existence of at least seven documents that
fall within the scope of my request.
Timeframe for receiving your decision
We received your request on 15 August 2017 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 14 September 2017. The
period of 30 days may be extended in certain circumstances. We will advise
you if there is any extension of time.
Charges
Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.
Publication of documents
Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]http://www.dpmc.gov.au/pmc/accountabilit...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email]. If you
do wish to object to the publication of information, you would need to
provide supporting reasons.
Exclusion of officers’ names and contact details
For documents that fall within scope of the request, it is the
Department’s policy to withhold:
· any person’s signature;
· the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);
· the mobile or direct numbers of SES officers;
· the names and contact details of Ministerial staff at a level
below Chief of Staff.
The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).
We will write again when the Department has more information. Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner at
[4]http://www.oaic.gov.au/foi-portal/about_....
Yours sincerely
FOI Adviser
Access and Administrative Review Section | Honours and Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
p. 02 6271 5849
e. [5][DPMC request email]
[6]www.pmc.gov.au
PO Box 6500 CANBERRA ACT 2600
[7]Description: Description: Description: FOI design element
References
Visible links
1. http://www.dpmc.gov.au/pmc/accountabilit...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. http://www.oaic.gov.au/foi-portal/about_...
5. mailto:[DPMC request email]
6. http://www.pmc.gov.au/
UNCLASSIFIED
PM&C FOI Ref: FOI/2017/137
Dear Mr Pool
I’m writing in relation to your FOI request with the Department of the
Prime Minister and Cabinet – ref: FOI/2017/137.
The due date for a decision on your request is 14 September 2017.
Regrettably, the Department is not in a position to finalise the decision
on the FOI request before the due date. Accordingly, we are seeking your
consent to a 30 day extension of time to the processing period, in
accordance with section 15AA of the FOI Act. We will endeavour to notify
you of the decision prior to this extended date.
We kindly request you confirm your consent to the extension by way of
return email. If you are not inclined to agree to an extension of time, we
would be grateful if you could let us know as soon as possible.
We apologise for the delay. If you have any queries, please do not
hesitate to contact us.
Kind regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy
Branch
Government Division | Department of the Prime Minister and Cabinet
p. +61 2 6271 5849
e. | [1][DPMC request email] | [2]www.dpmc.gov.au
PO Box 6500 CANBERRA ACT 2600
[3]cid:image005.jpg@01D30607.6CF4DA00
References
Visible links
1. mailto:[DPMC request email]
2. http://www.dpmc.gov.au/
Dear FOI,
Thank you for your email.
I agree to your request for a 30 day extension, but only on the Department's written acceptance of the following terms:
- Departmental staff responsible for processing my request undertake to adhere to the APS Code of Conduct and APS Values (in particular, the obligations to behave honestly, with integrity and to comply with the law) in respect of their processing of my request;
- the Department will not seek any further extension of time in relation to the processing of my request (for any purpose, including for the purpose of conducting third party consultation);
- that the Department promises to process my request with a view to furthering the objects of the FOI Act, in particular, the object of increasing scrutiny, discussion, comment and review of the Government’s activities; and
- that the Department won't seek to prevent release of the documents the subject of my request because they may be awkward or embarrassing for the Secretary, the Commissioner or the Government.
If you wish to accept my offer of a 30 day extension, please respond to this email indicating as such and indicating the Department's acceptance of the above terms. A failure of the Department to do so will mean that I do not consent to the extension requested.
UNCLASSIFIED
Dear Mr Pool
Thank you for your email.
The Department assures you that the Department will process your FOI request in accordance with the FOI Act and the FOI Guidelines, and complying with the APS Code of Conduct and APS values.
However, the Department is not in a position to enter into the below agreement with you at this point as we are not in a position to predict if any additional extensions of time, including for third party consultation, would be required at a later stage.
In light of the above information, could you please advise if you are willing to consent to a 30-day extension of time?
Kind regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
Dear FOI,
Your email indicates that despite it being four weeks since having received my request, the Department has taken no action to process my request other than acknowledging receipt of it and then seeking a 30 day extension. That's disappointing given the relatively small number of documents involved which can be quickly identified and retrieved, and which shouldn't require third party consultation.
According to your response, if a 30 day extension is granted, and then the Department extends the decision making time by another 30 days for third party consultation (in good faith or otherwise), then it will have taken a quarter of a year, or more, for the Department to have processed my straight forward request - that's unacceptable. Other FOI applications made of the Department and available for viewing on the 'right to know' website indicate numerous instances of non-compliance with the FOI Act by the Department.
On that basis, I can't, in good conscience, grant the extension requested.
Not that that matters, because as far as I can tell from other FOI applications made of the Department, the Department will likely now approach the OAIC for an extension of time under s.15AB of the FOI Act, despite that my request could not be honestly described as "complex or voluminous", and then that extension will be given.
My strong preference and recommendation is that Department spend the necessary 2-3 hours that would, at the very maximum, be required to process my request and provide me with the documents requested tomorrow, in compliance with the requirements of the FOI Act.
Yours sincerely
M Pool
UNCLASSIFIED
Dear Mr Pool
We will be applying to the OAIC for an extension of 30 days under s 15AB of the FOI Act.
Regards
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. +61 2 6271 5849 e. | [DPMC request email] | www.dpmc.gov.au PO Box 6500 CANBERRA ACT 2600
Our reference: RQ17/01714
Agency reference: FOI/2017/137
M Pool
By email: [FOI #4027 email]
Dear M Pool
Extension of time under s 15AB
On 12 September 2017, the Department of the Prime Minister and Cabinet
(the Department) applied for further time to make a decision on your FOI
request of 15 August 2017.
This application was on the basis that the processing period is
insufficient to deal adequately with your request, because it is complex.
Decision
I have decided to grant the Department an extension of time to process
your request to 14 October 2017. This decision has been made under s
15AB(2) of the Freedom of Information Act 1982 (Cth).
By granting further time it is anticipated that the Department will
provide a well-reasoned and better managed decision.
Contact
If you have any questions regarding this email please contact me on 02
9284 9745 or via email [email address]. Please quote OAIC
reference number RQ17/01714 in all correspondence.
Yours sincerely
Carl English | Assistant Review and Investigation Officer | Freedom of
Information Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001| [1]www.oaic.gov.au
Phone: +61 2 9284 9745 | E-mail: [email address]
Protecting information rights – advancing information policy
[2]cid:image001.png@01D26682.9CE52410
References
Visible links
1. http://www.oaic.gov.au/
UNCLASSIFIED
PM&C FOI ref: FOI/2017/137
Dear M Pool
I write to give you an update with regards to your FOI request with the
Department of the Prime Minister and Cabinet (the Department) – ref:
FOI/2017/137.
We have conducted preliminary searches of email and correspondence
databases and identified a large number of documents that would need to be
reviewed for relevance to the terms of your request. Further detailed
review of the documents will be required to confirm which documents are
relevant to your FOI request. Before we proceed further, we want to
consult you about the scope of your request.
We note your advice that ‘I am aware of the existence of at least seven
documents that fall within the scope of my request’. To ensure that we do
not miss the documents in our searches, can you tell us what these
documents are?
If it is those seven documents that you are specifically interested in
seeking access to, would you be willing to limit your request to those
documents? The benefit of limiting your request in this way will be a
potentially quicker response to your FOI request, and potentially avoiding
the need to engage in a formal request consultation process if we were to
assess your request as a substantial and unreasonable diversion of
resources which may led to refusal of your request.
Alternatively, if you do not wish to limit your request to the seven
documents you say exist, we seek your advice about whether you would be
willing to narrow your request in any of the following ways by specifying:
· a narrower time frame
· a more specific subject matter within the scope of your current
request, noting that your request currently seeks correspondence that ‘in
any way concerns’ the matters listed request.
We would be grateful for your response by way of return email by cob
Thursday 19 October 2017. If we do not hear from you by this date, we will
continue processing based on the current terms of your FOI request and
contact you again in due course.
We regret the delay in contacting you to seek your advice regarding
narrowing the scope of your FOI request. The current due date for your
request is 14 October 2017 and we therefore intend seeking an extension of
time from the Office of the Australian Information Commissioner.
Should you have any questions, please don’t hesitate to contact us.
Yours sincerely
FOI Adviser
Access and Administrative Review | Honours, Symbols and Legal Policy
Branch
Government Division | Department of the Prime Minister and Cabinet
p. +61 2 6271 5849
e. | [1][DPMC request email] | [2]www.dpmc.gov.au
PO Box 6500 CANBERRA ACT 2600
[3]cid:image005.jpg@01D30607.6CF4DA00
References
Visible links
1. mailto:[DPMC request email]
2. http://www.dpmc.gov.au/
Thank you for your email.
As I understand, through preliminary searches, you've identified documents which constitute correspondence between the Secretary of the Department of Prime Minister and Cabinet and the Australian Public Service Commissioner over the period of 3/12/15 - 15/8/17.
To assist with your request, could you please let me know precisely how many documents you've identified through that process.
Dear M Pool
Application under s 15AB
On 12 September 2017, the Department of the Prime Minister and Cabinet
(the Department) applied for further time to make a decision on your FOI
request of 15 August 2017.
This application was made on the basis that the processing period is
insufficient to deal adequately with your request because it is complex.
Decision
We have decided not to grant the Department an extension of time to
process your request. This decision was made under s 15AB(2) of the
Freedom of Information Act 1982 (Cth) (FOI Act).
The Department is now deemed to have refused your request under s 15AC(3)
of the FOI Act.
If you wish to apply for Information Commissioner review, you can find
further information here:
[1]https://www.oaic.gov.au/freedom-of-infor...
Regards
Review and Investigation Officer
FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [2]www.oaic.gov.au
Protecting information rights – advancing information policy
[3]OAIC banner for email sig
References
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2. http://www.oaic.gov.au/
Dear FOI,
In further response to your email of 13 October 2017, I advise the following:
i) I do not wish to limit the scope of my request to the documents I have sighted;
ii) noting your apparent concern about the use of the phrase “that in any way concerns” in my request, I am willing for that phrase to be read as “that concerns”; and
iii) I am willing for the personal information of any person who is not a public servant to be redacted from the documents the subject of my request.
I otherwise note that the scope of the request made is tightly defined including by date range, by persons involved and by subject matter. And while I appreciate that production of the documents the subject of my request may not accord with the Department’s political objectives, if processed properly, in accordance with the requirements of the FOI Act, and in accordance with the obligations imposed on Departmental staff by the Public Service Act 1999, processing my request will be neither complex or time-consuming.
Further, could you please provide a response to the question I asked of the Department of 16 October 2017 regarding the number of documents the Department identified through its preliminary searches.
I am very disappointed with the way the Department has dealt with my request. On 11 September 2017, the Department wrote to me to indicate that “the Department assures you that the Department will process your FOI request in accordance with the FOI Act and the FOI Guidelines, and complying with the APS Code of Conduct and APS values.”
Despite that express undertaking, the Department’s processing of my request has been characterised by dishonesty (see s.13(1) of the Public Service Act 1999), an absence of any integrity (see s.13(1) of the Public Service Act 1999), a lack of care and diligence (s.13(2) of the Public Service Act 1999), numerous contraventions of the FOI Act and the Public Service Act 1999 (s.13(4) of the Public Service Act 1999) and a failure to uphold the APS values and the integrity and good reputation of the APS (s.13(11) of the Public Service Act 1999). Such misconduct on the part of Departmental staff is not unique to my particular FOI request.
Dear FOI,
Further to my email of earlier today, could you please provide me with the name(s) and position title(s) of the SES officer(s) responsible for oversight of the Department's FOI team.
UNCLASSIFIED
Dear M Pool
Thank you for your emails. We apologise for the delay in dealing with your FOI request.
Our preliminary searches have identified at least 325 documents that would need to be reviewed for relevance to your FOI request.
Noting your email from this morning about the scope of the request, is there any further information you would be willing to provide us so that we ensure that our searches have captured the seven documents you referred to in your initial email?
We are continuing to process your request and will provide you with a decision as soon as possible.
The First Assistant Secretary Government Division is Philippa Lynch and the Assistant Secretary Legal Policy Branch is Celeste Moran.
Kind regards
FOI Adviser
Access and Administrative Review Section | Honours and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. 02 6271 5849 e. [DPMC request email] www.pmc.gov.au One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
Dear FOI,
From the information you’ve provided, over the period 3/12/15 – 15/8/17, Mr Lloyd and Mr Parkinson corresponded with each other on at least 325 occasions, or approximately 4 times per week.
To further assist the Department’s processing of my request, I am willing to further refine the scope of my request such that it relates to email correspondence only (ie. emails and any attachments to those emails). Additionally, I am willing for the Department to discard all but the last email in email chains/threads (but only on the basis that the preceding emails in those email chains will be included in the last email of those email chains).
Having regard to paragraphs 3.81, 3.82 and 3.101 of the FOI Guidelines, limiting the scope of the documents requested to emails only (including the attachments to those emails), will enable the Department to electronically search through those documents using key words and terms relevant to my request which might include: “remuneration”, “aggregated”, “highly paid”, “SES”, "senior executives", “bargaining”, "policy", “bands”, “salary”, “EBA”, “public interest”, “privacy”, “disclosure”, “industrial”, ”senior executive”, “IPA”, “2%”, “two per cent”, “backpay”, “righttoknow”, “right to know”, “Institute of Public Affairs”, “liberal”, “public service act”, “code”, “values”, “FOI”, “executive remuneration reporting”, “public interest”, “freedom of information”, “morale” and “pay increase”.
The fact that I’ve sighted documents that fall within the terms of my request is irrelevant to the Department’s processing of my request. Assuming the Department has complied with its obligations set out under the Archives Act 1983 and processes my further refined request in accordance with the FOI Act and the FOI Guidelines, the documents I’ve sighted should be identified by the Department.
UNCLASSIFIED
Thank you for your email M Pool.
We are currently considering the options you have presented below.
We will be in touch soon with more information.
FOI Adviser
Access and Administrative Review Section | Honours and Legal Policy Branch Government Division | Department of the Prime Minister and Cabinet p. 02 6271 5849 e. [DPMC request email] www.pmc.gov.au One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
UNCLASSIFIED
Dear Mr Pool,
Please find attached documents relevant to your FOI application, our
reference FOI/2017/137. Please note that due to the large file sizes of
the documents being sent to you, more than one email will be needed to
transmit the decision letter and related documents.
There are three large documents listed in the schedule (documents 5, 16
and 17) which cannot be transmitted in a single file to you. Our
preliminary work with the documents is that they will need more than 5
files to be sent to you. Two of the documents are available on the
internet currently – the 2015 and 2016 APS Remuneration Report, and the
third is the pre-release version of the 2016 Remuneration Report.
The documents are available at
[1]http://www.apsc.gov.au/publications-and-...
and
[2]http://www.apsc.gov.au/publications-and-....
Please advise if you wish to have the Department send you the 2015
Remuneration Report, the 2016 Remuneration Report and the pre-release
version of the 2016 Remuneration report.
Yours sincerely
Claire Pitham | Senior Adviser
Access and Administrative Review Section | Legal Policy Branch
p: 6271 5849 | e. [email address]
Government Division | Department of the Prime Minister and Cabinet
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
References
Visible links
1. http://www.apsc.gov.au/publications-and-...
2. http://www.apsc.gov.au/publications-and-...
UNCLASSIFIED
Dear Mr Pool
As per my previous email, please find the remaining documents for your FOI
request FOI/2017/137, with the exception of the three reports concerning
APS remuneration (2015 and 2016 APS Remuneration Report), which are large
files that will be sent to you, should you indicate that you want them,
tomorrow morning.
Yours sincerely
Claire Pitham | Senior Adviser
Access and Administrative Review Section | Legal Policy Branch
p: 6271 5849 | e. [email address]
Government Division | Department of the Prime Minister and Cabinet
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
UNCLASSIFIED
Dear Mr Poole.
Please find attached, in relation to your FOI request lodged with this
Department on 17 August 2017, a revised decision made pursuant to section
55G of the FOI Act. Also attached is a revised, redacted Document 13.
Regards.
FOI Adviser
FOI & Privacy Section
Legal Policy Branch | Government Division
Department of the Prime Minister and Cabinet
p. +61 2 6271 5849 |
e. | [1][DPMC request email] | [2]www.dpmc.gov.au
PO Box 6500 CANBERRA ACT 2600
References
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