Documents that demonstrate that staff members in the Legal Services section of the APSC contacted people as part of s 47F exemption claim

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

I refer to a request that I made to the APSC on 27 March 2022. The request can be accessed here:

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

On 11 April 2022, I received an email from the FOI Officer in the Legal Services section of the APSC. That email can be accessed here:

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

In that email, the FOI Officer in the Legal Services section of the APSC 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 refused access to documents under s 47F (personal information). She did 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 am concerned that staff members in the Legal Services section of the APSC misled me about consulting individuals in accordance with ss 27 and 27A without actually engaging in consultations. Providing the consultation documents will assuage my concerns.

Yours faithfully,

Marcus

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 Marcus

 

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.

 

 

 

 

 

 

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Dear Ms Strangio,

So there was no lawful basis for the FOI Officer in the Legal Services section of the APSC to claim that a consultation for the purposes of section 27A of the FOI Act was required. Why am I not surprised by your letter? I seem to recall that the FOI Officers in the Legal Services section took me to task for what they claimed were "unsubstantiated allegations", even though they had to concede that none of my comments were unsubstantiated. Are the APSC's FOI Officers going to take that sanctimonious tone with me again if I point out that the staff in the APSC are lacking in integrity and or competence? Will they claim that my critical comments are "unsubstantiated?"

I'd like a review of your decision. If the documents requested are not provided, I intend to submit a complaint to the OAIC under section 70 of the FOI Act. Looks like you've got more than a few of those potential complaints on your hands.

Keep up with that "important evaluation role in working with agencies to ensure that the APS is performing effectively and consistently with the APS Values." Struggling to keep a straight face here.

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,

Marcus

FOI, Australian Public Service Commission

5 Attachments

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: [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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