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Decision relating to Defence FOI 434/20/21

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Mary-Ann MARTINEK

[email address]
FOI Directorate Department of Defence
CP1-6-008
PO Box 7910
CANBERRA BC ACT

Dear FOI Review ADF,

CC: Angus Campbell CDF
CC: Defence Minister Peter Dutton

Reference:
A. CAPT Bernadette Boss ADF legal officer posting from 24March1997 to 12September1997.
B. 22ConstRegt minute 20 Mar 97 (attached)

I acknowledge receipt of your Decision relating to Defence FOI 434/20/21, and under section 54 of the FOI Act, I am entitled to request a review of this decision.

I formally request a review of your Defence FOI 434/20/21.

My reasons -

Accordinging to Wikipedia Bernadette.Boss allegedly still holds her appointment and is a current serving Brigadier in the ADF.

I seek a review of this FOI Decision to refuse me access to the information (Ref A) I’m seeking.

CAPT Bernadette Boss was appointed to me as 2IC 22 Construction Regiment Oakleigh Barracks when I made a formal complaint of sexual harassment and discrimination nature on 24 March 1997. I met with Captain Bernadette Boss at H Block Defence Centre Melbourne (DC-M) to discuss legal advice for HREOC procedures and on how to deal with a RAE ARes( a former Duntroon Graduate) Commanding officer. That same Duntroon officer was removed as the Regiment CO in September 1997.

CAPT Boss is mentioned in my court evidence and her legal advice and failures to act finally resulted in my Federal Court matters V349/2000 which settled in my favour on 20 July 2001.

I am therefore entitled to be given formal access to the information I seek.

Yours faithfully,

Mary-Ann MARTINEK

Mary-Ann MARTINEK

Dear Department of Defence,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Defence's handling of my FOI request 'Decision relating to Defence FOI 434/20/21'.

I asked for the posted position held by CAPT Boss and I’ve now become aware she alledgedly as a Defence Legal Officer had defended SGT Shane Della Vedova (jailed for the theft of rocket launchers) so I wish to know what was her posting held in in 1996 and 1997. Since I was the Defence Inquiry officer in 1995 who investigated a complaint against CAPT Andrew Sammut made by SGT Shane Della Vedova I’d now like to know what appointment CAPT Boss held and without the redactions.

Yours faithfully,

Mary-Ann MARTINEK

FOIReview, Department of Defence

1 Attachment

OFFICIAL
Dear Ms Martinek,

Thank you for your email below in which you requested an internal review of FOI 434/20/21.

The Department of Defence has already undertaken an internal review of this decision, following your request of 25 May 2021. On 28 June 2021 the Department provided you the internal review decision by Special Adviser Freedom of Information Review, Ms Belinda Hayward, which varied the original decision.

Because the Department already made an internal review decision in relation to this request, the Freedom of Information Act 1982 (FOI Act) does not provide any mechanisms for the Department to undertake a second internal review. As per the attached review rights document you may seek an external review with the Office of the Australian Information Commissioner (OAIC). Alternatively if you materially amend the scope of your request you are welcome to make a fresh request under the FOI Act.

I hope this has been of assistance to you.

Yours sincerely

Freedom of Information Review Team
Enterprise Transformation Branch / Enterprise Transformation & Governance Division
Department of Defence
CP1-6-008 | PO Box 7910 | Campbell Park CANBERRA BC ACT 2610
E-mail [email address]
IMPORTANT: This email remains the property of the Department of Defence. Unauthorised communication and dealing with the information in the email may be a serious criminal offence. If you have received this email in error, you are requested to contact the sender and delete the email immediately.

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