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Documents relating to the Commonwealth Ombudsman's investigation of Kate McMullan's PID investigation

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Dear Australian Public Service Commission,

I refer to an article published in The Australian on 29 March 2022. The title of the article is "Spotlight shines back on watchdog".

In that article, journalists at The Australian note that the Commonwealth Ombudsman is investigating the way that Ms Kate McMullan of the Australian Public Service Commission conducted a PID investigation into allegations that senior Federal Court bureaucrats contravened laws of the Commonwealth.

The journalists noted "that the Commonwealth Ombudsman has begun an investigation into Ms McMullen’s review and escalated it to the second most serious level in its powers – known as category 4."

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

a) prepared, sent or received by each of:

i. Peter Woolcott;
ii. Patrick Hetherington;
iii. Emma Rees;
iv. Giorgina Strangio;
v. Marco Spaccavento; and
vi. each individual whose work is aligned with the work of the Integrity, Performance and Employment Policy division of the Australian Public Service Commission,

from 1 March 2022, relating (in the broadest sense) to the Commonwealth Ombudsman's investigation, commenced under section 8 of the Ombudsman Act 1976, into the PID investigation conducted by Ms McMullan; and

b) prepared, sent or received by each of:

i. Peter Woolcott;
ii. Patrick Hetherington;
iii. Emma Rees;
iv. Giorgina Strangio;
v. Marco Spaccavento; and
vi. each individual whose work is aligned with the work of the Integrity, Performance and Employment Policy division of the Australian Public Service Commission,

from 1 March 2022, relating (in the broadest sense) to what the Australian Public Service Commission proposes to do in respect of the inadequately investigated internal disclosure, which will not be investigated by the Commonwealth Ombudsman (because the investigation conducted by the Commonwealth Ombudsman only relates to how Ms McMullan carried out her functions).

It would be scandalous to allow the substance of the internal disclosure to remain inadequately investigated, particularly in the light of the objects of the Public Interest Disclosure Act 2013.

Yours faithfully,

Velan

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

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        

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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
LEX 137.

 

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]
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