We don't know whether the most recent response to this request contains information or not – if you are Mila please sign in and let everyone know.

Documents about investigation of allegations of wrongdoing in the Federal Court

We're waiting for Mila to read recent responses and update the status.

Dear Australian Public Service Commission,

Under the FOI Act I request access to any and all documents in relation to:

• the transfer of a public interest disclosure from the Office of the Commonwealth Ombudsman to the APSC on 11 May 2020; and
• the Commonwealth Ombudsman’s decision to conduct a preliminary inquiry under s 7A of the Ombudsman Act that would have been sent to Mr Woolcott.

Yours faithfully,

Mila

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Applicant

 

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        

[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.

 

 

 

 

show quoted sections

FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

We consider the scope of your recent FOI request includes one or more
documents containing either personal information or business information
about one or more third parties. In such circumstances, the Commission
consults with relevant third parties about the disclosure of the
information.

 

The timeframe for responding to your request is therefore extended by 30
days under subsection 15(6) of the Freedom of Information Act 1982.

 

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.

 

 

 

 

From: FOI <[email address]>
Sent: Friday, 8 April 2022 1:42 PM
To: Mila <[FOI #8690 email]>
Cc: FOI <[email address]>
Subject: SHC22-26775 Acknowledgement [SEC=OFFICIAL]

 

OFFICIAL

Dear Applicant

 

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: [5]www.apsc.gov.au        

[6]three hexagons[7]twitter icon [8]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.

 

 

 

 

show quoted sections

Dear FOI Officer,

I requested the following documents under the FOI Act:

• the transfer of a public interest disclosure from the Office of the Commonwealth Ombudsman to the APSC on 11 May 2020; and
• the Commonwealth Ombudsman’s decision to conduct a preliminary inquiry under s 7A of the Ombudsman Act that would have been sent to Mr Woolcott.

In your correspondence to me today you stated:

We consider the scope of your recent FOI request includes one or more
documents containing either personal information or business information
about one or more third parties. In such circumstances, the Commission
consults with relevant third parties about the disclosure of the
information.

The timeframe for responding to your request is therefore extended by 30
days under subsection 15(6) of the Freedom of Information Act 1982

That is not how the FOI Act works.

First, it is not enough for documents to contain personal or business information for the consultation provisions under ss 27 and 27A to come into effect.

In the case of a documents containing business information, it must appear to the APSC that the organisation or the proprietor of the of the undertaking might reasonably wish to make a contention that:

a) the document is exempt under section 47 (trade secrets etc); or
b) the document is conditionally exempt under section 47G (business information) ...

It is hard for me to believe that the documents that I requested have any business information, like trade secrets, incorporated in them because they are documents from the Commonwealth Ombudsman. Therefore it is hard for me to believe that the consultation provision in s 27 applies.

In any event, you have not stated that it appears to the APSC that the organisation or proprietor of the undertaking might REASONABLY wish to make a contention (on the definition of "REASONABLY", please refer to the decision of Justice Jagot in Dreyfus and Attorney-General (Commonwealth of Australia) (Freedom of information) [2015] AATA 995).

In the case of documents containing personal information, it must appear to the APSC that the person concerned might reasonably wish to make a contention that:

(i) the document is conditionally exempt under section 47F; and
(ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).

You have not states that to the APSC that the person concerned might reasonably wish to make a contention that:

(i) the document is conditionally exempt under section 47F; and
(ii) access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5).

All you have stated is that there is personal information about one or more third parties. That is not enough to invoke s 27A or s 15(6) of the FOI Act.

Second, you have not confirmed whether you are relying on s 27, or s 27A, or both sections. Please identify which section you are relying on.

Third, you have, on the 30th day since I made my FOI request, decided to notify me that:

a) you consider the scope of your recent FOI request includes one or more
documents containing either personal information or business information
about one or more third parties;
b) in such circumstances, the Commission
consults with relevant third parties about the disclosure of the
information; and
c) the timeframe for responding to your request is therefore extended by 30
days under subsection 15(6) of the Freedom of Information Act 1982.

With respect, you are wrong about (c) because the timeframe for responding to my request can only be extended if it appears to the APSC that:

* in the case of personal information, the person concerned might reasonably wish to make a contention that the document is conditionally exempt under section 47F and access to the document would, on balance, be contrary to the public interest for the purposes of subsection 11A(5); and

* in the case of business information, the organisation or the proprietor of the of the undertaking might reasonably wish to make a contention that the document is exempt under section 47 (trade secrets etc) or the document is conditionally exempt under section 47G (business information) ...

You have done neither. Therefore the extension of time you claim applies does not, in fact or in law, apply.

Please address these issues by the end of the business day. Otherwise I might choose to apply for IC review on the ground of a deemed refusal decision because no lawful extension applies to the FOI request of 4 April 2022.

Yours sincerely,

Mila

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

The Commission is continuing to process your request under the FOI Act.

 

The Commission has extended the timeframe under section 15(6) of the
Freedom of Information Act 1982 to consult with relevant third parties.

 

The Commission will notify you of the decision by no later than 3 June
2022.

 

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.

 

 

 

 

show quoted sections

FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Mila,

 

We refer to the emails below and your submissions regarding the extension
of time.

 

We acknowledge that in the circumstances, we should not have extended the
timeframe relying on the statutory extension provisions.

 

As such, we have applied to the OAIC for an extension under section 15AC
of the FOI Act and acknowledged our error in that application. We are
aiming to process your request by 3 June 2022.

 

Kind 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.

 

From: FOI <[email address]>
Sent: Thursday, 5 May 2022 9:27 AM
To: Mila <[FOI #8690 email]>
Cc: FOI <[email address]>
Subject: RE: 26775 Extension of time [SEC=OFFICIAL]

 

OFFICIAL

The Commission is continuing to process your request under the FOI Act.

 

The Commission has extended the timeframe under section 15(6) of the
Freedom of Information Act 1982 to consult with relevant third parties.

 

The Commission will notify you of the decision by no later than 3 June
2022.

 

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: [5]www.apsc.gov.au        

[6]three hexagons[7]twitter icon [8]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.

 

 

 

 

show quoted sections

SARWAR,Summen,

6 Attachments

Dear Applicant and FOI Contact Officer

 

Please see attached decision regarding the Australian Public Service
Commission’s application for an extension of time to process FOI request
LEX 45.

Kind regards

 

[1][IMG]   Summen Sarwar   |  Assistant Review and
Investigation Advisor

Investigations and Compliance
Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

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

+61 2 9284 9815  | 
[3][email address]  
[4][IMG] | [5][IMG] | [6][IMG] |   [7]Subscribe to Information
Matters

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://www.oaic.gov.au/media-and-speech...

FOI, Australian Public Service Commission

7 Attachments

OFFICIAL

Dear Applicant,

 

Please see attached.

 

Kind 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.

 

show quoted sections

Dear Australian Public Service Commission,

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

I am writing to request an internal review of Australian Public Service Commission's handling of my FOI request 'Documents about investigation of allegations of wrongdoing in the Federal Court'.

I would like you to conduct an internal review in respect of document 65 - Email chain between APSC and Commonwealth Ombudsman re: PID handling complaint under s 7A of the Ombudsman Act 1976 dated 20 December 2021. I would like complete access to that document.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/d...

Yours faithfully,

Mila

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Mila

 

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

 

The timeframe for responding to your internal review request is 30 days
from the date of receipt. This timeframe for internal review may be
extended in very limited 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        

[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.

 

 

 

 

show quoted sections

FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant

 

A decision notice is attached.

 

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.

 

 

 

show quoted sections

Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-50288848-2848
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-50288848-2848

To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
 
 
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
 
 
Note: Please do not reply to this auto-generated email.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-50288848-2848
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-50288848-2848

To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
 
 
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
 
 
Note: Please do not reply to this auto-generated email.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Australian Public Service Commission

1 Attachment

Our reference: MR22/01268

 

By email: [FOI #8690 email]

Receipt of your IC review application  

Thank you for your application for Information Commissioner Review (IC
review).

The Office of the Australian Information Commissioner (OAIC) is
considering your application.

If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR22/01268.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

We don't know whether the most recent response to this request contains information or not – if you are Mila please sign in and let everyone know.