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Documents in relation to category 4 investigation under s 8 of Ombudsman Act 1976

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Dear Australian Public Service Commission,

Under the FOI Act I request access to any and all documents prepared by, sent by or received by each of Emma Rees, Giorgina Strangio, Marco Spaccavento, Patrick Hetherington, Peter Woolcott and staff in the Integrity, Performance and Employment Policy team of the APSC, since 1 March 2022, in relation to a "category 4" investigation (conducted under s 8 of the Ombudsman Act 1976) of the PID investigation conducted by Kate McMullan about contraventions of public service legislation by senior officials in the Federal Court of Australia.

To the extent that it is not covered by the request set out in the paragraph above, I also request, under the FOI Act, access to any and all documents setting out the action that the Australian Public Service Commissioner or his staff will take, or propose to take, now that the Commonwealth Ombudsman has concluded the preliminary inquiry and determined that an investigation will be conducted under s 8 of the Ombudsman Act (which implies that the allegations about the problems with Ms McMullan's PID investigation, some of which are apparent based on published comments in The Australia - e.g. Ms McMullan concluding that it was appropriate for the National Judicial Registrar roles to be classified at both the Legal 2 and SES1 classifications because of the relative complexity and workload of the roles, when in reality it is against the law to do that under rule 9(5) of the Public Service Classification Rules 2000 - are not without substance).

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.

 

 

 

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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant

 

Request for extension with applicant’s agreement – section 15AA FOI Act

 

The Commission is writing to seek agreement from you for an extension of
process period for your FOI request made on 2 May 2022.

 

The request is currently due 1 June 2022. The Commission seeks an
extension for 30 days until 1 July 2022.

 

Reasons

 

The Commission seeks the extension for the following reasons:

 

o The Commission’s searches to date have produced a voluminous number of
materials that require consideration as to whether they are in scope
of the request.

 

o The documents themselves relate to an extremely sensitive Public
Interest Disclosure and an unfinalised investigation by the
Commonwealth Ombudsman. The documents also contains personal
information.

 

o The request requires searches from all staff in the Commission’s
Integrity, Performance and Employment Policy (IPEP) group, among
others, some of whom are currently on leave. An extension will allow
more complete searches.

 

o The Commission has this year received a significant increase in the
number of FOI requests it receives, all related to one Public Interest
Disclosure, since January 2022 via the Right to Know website. This
influx is diverting most of, and placing significant strain, on the
resources of the Legal Services team.

 

Please advise whether you agree to the extension sought, and the
Commission will give written notice to OAIC of the extension.

 

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: Tuesday, 3 May 2022 10:55 AM
To: Mila <[FOI #8847 email]>
Cc: FOI <[email address]>
Subject: 27469 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

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Applicant

 

Notification of request for extension to process complex or voluminous
request – section 15AB FOI Act

 

This correspondence is to notify you that the Commission has sought
agreement from the Office of the Australian Information Commissioner
(OAIC) for an extension of process period for your FOI request made on 2
May 2022.

 

The Commission has sought to request this agreement after not receiving
correspondence from you regarding our earlier request for an extension of
process period made on 25 May 2022.

 

The request is currently due 1 June 2022. The Commission has sought an
extension from OAIC for 30 days until 1 July 2022.

 

Reasons

 

The Commission seeks the extension for the following reasons:

 

o The Commission’s searches to date have produced a voluminous number of
materials that require consideration as to whether they are in scope
of the request.

 

o The documents themselves relate to an extremely sensitive Public
Interest Disclosure and an unfinalised investigation by the
Commonwealth Ombudsman. The documents also contains personal
information.

 

o The request requires searches from all staff in the Commission’s
Integrity, Performance and Employment Policy (IPEP) group, among
others, some of whom are currently on leave. An extension will allow
more complete searches.

 

o The Commission has this year received a significant increase in the
number of FOI requests it receives, all related to one Public Interest
Disclosure, since January 2022 via the Right to Know website. This
influx is diverting most of, and placing significant strain, on the
resources of the Legal Services team.

 

Please let us know if you have any further queries.

 

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: Wednesday, 25 May 2022 11:10 AM
To: Mila <[FOI #8847 email]>
Cc: FOI <[email address]>
Subject: 27469 Request for extension of time [SEC=OFFICIAL]

 

OFFICIAL

Dear Applicant

 

Request for extension with applicant’s agreement – section 15AA FOI Act

 

The Commission is writing to seek agreement from you for an extension of
process period for your FOI request made on 2 May 2022.

 

The request is currently due 1 June 2022. The Commission seeks an
extension for 30 days until 1 July 2022.

 

Reasons

 

The Commission seeks the extension for the following reasons:

 

o The Commission’s searches to date have produced a voluminous number of
materials that require consideration as to whether they are in scope
of the request.

 

o The documents themselves relate to an extremely sensitive Public
Interest Disclosure and an unfinalised investigation by the
Commonwealth Ombudsman. The documents also contains personal
information.

 

o The request requires searches from all staff in the Commission’s
Integrity, Performance and Employment Policy (IPEP) group, among
others, some of whom are currently on leave. An extension will allow
more complete searches.

 

o The Commission has this year received a significant increase in the
number of FOI requests it receives, all related to one Public Interest
Disclosure, since January 2022 via the Right to Know website. This
influx is diverting most of, and placing significant strain, on the
resources of the Legal Services team.

 

Please advise whether you agree to the extension sought, and the
Commission will give written notice to OAIC of the extension.

 

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.

 

 

 

From: FOI <[9][email address]>
Sent: Tuesday, 3 May 2022 10:55 AM
To: Mila <[10][FOI #8847 email]>
Cc: FOI <[11][email address]>
Subject: 27469 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: [12]www.apsc.gov.au        

[13]three hexagons[14]twitter icon [15]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

MCMAHON,Eoin,

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
SHC22-27469.

 

Kind regards,

 

[1][IMG]   Eoin McMahon  |  Review Adviser

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 9942 4028 | 
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon Information
Matters

 

 

Notice:

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References

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8. https://www.oaic.gov.au/updates/sign-up/

FOI, Australian Public Service Commission

17 Attachments

OFFICIAL

Dear Mila

 

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

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 in relation to category 4 investigation under s 8 of Ombudsman Act 1976'.

I would like the person conducting the internal review to reassess the exemptions and conditional exemptions that Giorgina Strangio claims applies to the documents identified, and to make a decision according to law.

I do not accept Ms Strangio's conclusion that "the information in the documents would [not] be of serious concern or benefit to the public. In my view, it would merely satisfy the curiosity of others."

That is a false conclusion.

There is ongoing debate about the need for a federal integrity commission and the demonstrated failures of an integrity agency's handling of a public interest disclosure relating to one of the most important institutions in the country (i.e. the Federal Court) is not something trifling, or something that would not be of serious concern or benefit to the public. On the contrary, in the context of the prevailing political discourse in the country around integrity in government, and given the overwhelming political support given to first time candidates who have made integrity in the federal government their primary political platform, I could not think of a more ill judged conclusion for Ms Strangio to draw.

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

OFFICIAL
Dear Applicant

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: www.apsc.gov.au        
                        
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

Please see 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

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.