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Documents that demonstrate that the APSC contacted people as part of s 47F exemption claim

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Dear Australian Public Service Commission,

I refer to a request that I made to the APSC on 20 March 2022. The request can be access here:

https://www.righttoknow.org.au/request/d...

On 11 April 2022, I received an email from the FOI Officer at the APSC. That email can be access here:

https://www.righttoknow.org.au/request/d...

In that email, the FOI Officer stated:

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.

In Ms Giorgina Strangio's decision letter dated 3 May 2022, Ms Strangio refuses access to documents under s 47F (personal information). She does not refuse access to the documents under s 47 or s 47G (business documents). It is thus reasonable to surmise that the consultations engaged in were only for personal privacy.

Ms Strangio refused to provide access to two documents on the ground that both were exempt pursuant to s 47F of the FOI Act.

Personal information only pertains to natural persons under the Privacy Act 1988. It follows that the persons who were consulted were natural persons.

Under the FOI Act I request access to the following documents:

a) the consultation letter sent to the natural persons in relation to document 1 - Email correspondence between Commission and Federal Court of Australia titled
“PRIVATE AND CONFIDENTIAL” dated 27 October 2020; and

b) the consultation letter sent to the natural persons in respect of document 2 - Judicial Registrar Recruitment Outcome document prepared by Federal Court of
Australia

I have reason to suspect that the APSC is making claims under ss 27 and 27A without actually engaging in consultations. Providing these documents will mollify my suspicions.

Yours faithfully,

Helen

FOI, Australian Public Service Commission

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: 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.

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FOI, Australian Public Service Commission

6 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.

 

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Dear Ms Strangio,

I am writing to request an internal review of Australian Public Service Commission's handling of my FOI request 'Documents that demonstrate that the APSC contacted people as part of s 47F exemption claim'.

In your decision you stated:

"The Commission extended the timeframe for your 20 March 2022 FOI request on 11 April
2022, with the intention of consulting with relevant parties. After further internal
deliberations, a decision was then made to refuse access to the documents in full and
consultation was not required. Therefore, there are no consultation documents."

So, 22 days after receiving my FOI request, an FOI Officer in the Legal Services section of the APSC decided that section 27A of the FOI Act applied? I think your explanation is patently disingenuous. My interpretation of the situation is that the FOI Officer deliberately deceived me about the application of s 27A of the FOI Act 22 days after the FOI request was sent to simply extract more time to make a decision. The FOI Officer in the Legal Services section of the APSC has been caught in his or her lie and you are trying to feed me some rubbish about an intention to consult. I wasn't born yesterday.

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,

Helen

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Helen

 

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.

 

 

 

 

 

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