Dr de Brouwer's letter to senior bureaucrats
I refer to Henry Belot’s article, “Public servants must do more to manage conflicts of interest, APS Commissioner tells top bureaucrats”, published on the website of The Guardian Australia: https://www.theguardian.com/australia-ne....
According to the article, the APS Commissioner sent a letter to senior bureaucrats in December 2023 in which he, amongst other things, asked senior bureaucrats to:
a) “ensure you and your senior executive service employees have up-to-date declarations in place, as well as strategies in your agency to mitigate or manage conflicts that are identified” and
b) “ensure similar arrangements are in place for all relevant agency functions and processes, such that conflict of interest declarations are triggered for those participating in activities such as recruitment, procurement, awarding grants, or performing regulatory roles.”
Under the Freedom of Information Act 1982 (Cth), I request access to the letter referred to in Mr Belot’s article, in which Dr de Brouwer’s noted his concerns about conflicts of interest to senior bureaucrats in the Australian Public Service.
Please provide the requested document by email to this address.
Yours faithfully,
FOIBLES
OFFICIAL
Dear FOIBLES
I am writing to acknowledge receipt of your request under the Freedom of
Information Act 1982 for access to documents held by the Australian Public
Service Commission (Commission).
The timeframe for responding to your request is 30 days from the date of
receipt. Therefore, the due date for this request is 25 March 2024.
This timeframe may be extended in certain circumstances. You will be
notified if these circumstances arise and the timeframe is extended.
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
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attachments to a third party.
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OFFICIAL
Dear FOIBLES
I refer to your recent correspondence seeking access for documents under
the Freedom of Information Act 1982 (FOI Act).
We note that individual copies of the letter you are requesting were sent
to Department heads, however, we confirm that the content remained the
same across all letters.
Can you please confirm whether you are satisfied with us excluding
individual versions?
We would be grateful if you could provide confirmation by COB 29 Thursday
February 2024.
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
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attachments to a third party.
______________________________________________________________________
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OFFICIAL
Dear Applicant,
Please see attached decision notice and document in relation to your FOI
request.
Kind regards
FOI OFFICER
Legal Services
Australian Public Service Commission
Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
w: [1]www.apsc.gov.au
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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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that is confidential and may also be the subject of legal professional or
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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 'Dr de Brouwer's letter to senior bureaucrats'.
On 27 February 2024, you contacted me and asked me whether I was happy for you not to provide indivudal copies of the letter that I requested under the FOI Act. I agreed to that. I did not agree to the decision maker redacting the details of public servants in the APSC.
On the last page of the letter that was released, there is a reference to the "Assistant Commissioner" for "Integrity Performance Employment Policy".
The Assistant Commissioner for Integrity Performance and Employment Policy in the APSC is Kylie Barber. Her contact number is 02 6202 3763 and her email address is kylie.barber(at)apsc.gov.au. Kylie Barber is an SES Band 1 employee. Kylie Barber's name, position, contact number, classification and email address are all all published on the APSC's website. Those details are also published in the Public Service Gazette. They are not, as the decision maker claimed, irrelevant to my request and should not have been redacted pursuant to section 22 of the FOI Act.
As part of the internal review, please remove the redactions from Kylie Barber's name, her contact number and her email address.
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,
FOIBLES
OFFICIAL
Dear FOIBLES
The Australian Public Service Commission (the Commission) 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.
Please note that there is a new LEX number for your internal review request. All correspondences will be referred under LEX 945(833).
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
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.
OFFICIAL
Dear FOIBLES
Please see attached decision notice and document in relation to your
internal review request.
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
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This email and any attachments may contain confidential or legally
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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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that is confidential and may also be the subject of legal professional or
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Dear Australian Public Service Commission,
According to the terms of reference for the integrity agencies group, the integrity agencies group is to meet at least twice a year.
Under the Freedom of Information Act 1982 (Cth), I request access to any and all:
a) agendas, and
b) minutes,
of the integrity agencies group for its meetings from 1 July 2024 to 26 July 2025.
Yours sincerely,
FOIBLES
OFFICIAL
OFFICIAL
Good morning
I am writing to acknowledge receipt of your request under the Freedom of Information Act 1982 (FOI Act) for access to documents held by the Australian Public Service Commission (the Commission).
The timeframe for responding to your request is 30 days from the date of receipt. Therefore, the due date for this request is 26 August 2025.
This timeframe may be extended in certain circumstances. You will be notified if these circumstances arise and the timeframe is extended.
Kind regards
FOI OFFICER
Legal Services
Australian Public Service Commission
w: www.apsc.gov.au
OFFICIAL
Good afternoon
We refer to your request under the Freedom of Information Act 1982 (FOI
Act) for:
“a) agendas, and
b) minutes,
of the integrity agencies group for its meetings from 1 July 2024 to 26
July 2025.”
Extension request
We note that a decision is due to you on 26 August 2025. Section 15AA of
the FOI Act allows an agency to extend the due date of the request by no
more than 30 days with the written agreement from the Applicant.
The processing of your request requires the Commission to consult with a
significant number of external agencies. To ensure that the Commission
completes these consultations relevant to your request, we kindly seek
your consent to an extension of fourteen (14) days to process your
request. In this case, the revised due date for a decision will be 9
September 2025.
Please let us know if you approve of this extension by COB Monday 11
August 2025.
Kind regards
FOI OFFICER
Legal Services
[1]Title: "" - Description: ""Australian Public Service Commission
[2][IMG][3][IMG][4][IMG]w: [5]www.apsc.gov.au
______________________________________________________________________
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Dear FOI,
I agree to the extension of time, with a revised date bein 9 September 2025.
Yours sincerely,
FOIBLES
OFFICIAL
Dear FOIBLES
We refer to your request dated 27 July 2025 seeking access to documents
held by the Australian Public Service Commission under the Freedom of
Information Act 1982.
Please see attached decision notice and documents in relation to your
request.
Kind regards
FOI OFFICER
Legal Services
[1]Title: "" - Description: ""Australian Public Service Commission
[2][IMG][3][IMG][4][IMG]w: [5]www.apsc.gov.au
______________________________________________________________________
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Dear Meeghan Webster,
I refer to your decision, LEX 1552, dated 8 September 2025.
I request an internal review of your decision on the following grounds.
Application of s 47F
You have claimed that it is in the public interest to redact the name of the director of integrity and ethics. In the light of the law, that is not the case.
The director of integrity and ethic in the APSC is Clare McLean. I know this because I did a quick online search.
She is identified as such on the website of the IPAA - https://act.ipaa.org.au/ipaa-people/clar...
She is also identified as such on the APS Reform - https://www.apsreform.gov.au/news/decodi...
She is also identified as such on the APS Academy's website - https://www.apsacademy.gov.au/resources/...
In determining whether the disclosure of the document would involve the unreasonable disclosure of personal information, an agency or Minister must have regard to the following matters:
(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document;
(c) the availability of the information from publicly accessible sources
It is well known that the director of integrity and ethics is Clare McLean because a Google search immediately returns a bunch of results that identify her as such.
It is well known that the person to whom the information relates in the document (the title director, integrity and ethics) is known to be associated with Clare McLean.
The information is, as I have demonstrated, available from public sources, including website administered by the APSC.
Therefore, it was never open to you to apply section 47F in respect of Clare McLean's name, and further not open to you to claim that it was in the public interest to redact her name from the document.
In that respect, your decision is erroneous and must be set aside.
Unlawful application of the public interest
You noted in your decision that it was against the public interest to grant access to document 6, which was the Integrity Agencies Group Draft Meeting Minutes (27 May 2025).
At paragraph 26, you justified your decision to refuse access to document 6 by claiming that “[e]arly release could prejudice those considerations and cause confusion for the public.”
The Parliament has explicitly stated, in subsection 11B(4) of the Freedom of Information Act 1982 (Cth), that the following factors must not be taken into account in deciding whether access to the document would, on balance, be contrary to the public interest:
(a) access to the document could result in any person misinterpreting or misunderstanding the document: FOI Act, s 11B(4)(b); or
(b) access to the document could result in confusion: FOI Act, s 11B(4)(d).
Your justification for refusing access to document 6 is unlawful because you have taken into account factors that the Parliament has explicitly forbidden public servants from taking into account in deciding whether access to the document would, on balance, be contrary to the public interest.
Your justifications for refusing access to document 6 are, therefore, vitiated by error, and must be set aside.
Please pass this request for internal review to the person responsible for conducting such reviews.
A full history of my FOI request and all correspondence is available on the Internet at this address: http://www.righttoknow.org.au/request/dr...
Yours sincerely,
FOIBLES
OFFICIAL
Dear FOIBLES,
The Australian Public Service Commission is writing to acknowledge receipt
of your request for internal review under the Freedom of Information Act
1982.
The timeframe for responding to your internal review request is 30 days
from the date of receipt. Therefore, the due date for this request is 16
October 2025.
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.
Please note that there is a new LEX number for your internal review
request. All correspondences will be referred under LEX 1626.
Kind regards,
FOI Officer
Legal Services
[1]Title: "" - Description: ""Australian Public Service Commission
[2][IMG][3][IMG][4][IMG]w: [5]www.apsc.gov.au
______________________________________________________________________
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OFFICIAL
Dear FOIBLES,
Please find an attached decision notice in relation to your request for
internal review under the Freedom of Information Act 1982.
Kind regards,
FOI OFFICER
Legal Services
[1]Title: "" - Description: ""Australian Public Service Commission
[2][IMG][3][IMG][4][IMG]w: [5]www.apsc.gov.au
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
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OFFICIAL
Dear FOIBLES,
We write to you in relation to the attachment ‘LEX 1626 - Document Package
13.10.25,’ released to you under the Freedom of Information Act 1982.
The Commission’s authorised FOI internal review decision maker made a
decision to grant you partial access to Documents 4 and 5, and refuse you
access to Document 6. In sending our decision notice to you, Document 6
was attached by mistake.
At the time of your FOI request on 27 July 2025, Document 6 was still in
draft and not yet cleared by the APS Commissioner. Therefore, the decision
maker was open to apply an exemption under section 47C of the FOI Act –
deliberative process.
Document 6 has now been cleared; the Commission anticipates our ability to
provide it to you under administrative release. However, we would like the
opportunity to redact the names of non-SES staff members to preserve their
rights to personal privacy. We kindly seek your permission to take down
the attachment ‘LEX 1626 - Document Package 13.10.25’ from Right to Know.
We will then administratively release Document 6 to you by Friday 17
October 2025.
We greatly appreciate your response by Friday morning, 17 October 2025.
Kind regards,
FOI Officer
Legal Services
[1]Title: "" - Description: ""Australian Public Service Commission
[2][IMG][3][IMG][4][IMG]w: [5]www.apsc.gov.au
From: FOI <[email address]>
Sent: Monday, 13 October 2025 3:07 PM
To: FOIBLES <[FOI #11156 email]>
Cc: FOI <[email address]>
Subject: Internal Review Decision Notice | FOI | LEX 1626 [SEC=OFFICIAL]
OFFICIAL
Dear FOIBLES,
Please find an attached decision notice in relation to your request for
internal review under the Freedom of Information Act 1982.
Kind regards,
FOI OFFICER
Legal Services
[6]Title: "" - Description: ""Australian Public Service Commission
[7][IMG][8][IMG][9][IMG]w: [10]www.apsc.gov.au
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
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must not review, copy, disseminate or disclose its contents to any other
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Dear FOI Officer,
APSC Reference: LEX 1626
Kylie Barber was emphatic and forceful in her reasons for completely refusing access to document 6 on 13 October 2025.
How has the public interest in access to the document changed so radically between 13 October 2025, when Kylie Barber decided that it was against the public interest to grant access to document 6 and, therefore, refused access to the document in its entirety, and today, 15 October 2025, where you state document 6 has now been cleared for release?
According to the APSC's organisational chart, Kylie Barber is a highly ranked SESB1 official - the Assistant Commissioner for Integrity, Performance and Employment Policy. Was her assessment of the public interest in refusing access to document 6 overruled by a more senior official in the APSC?
Who has cleared document 6 for release?
Yours sincerely,
FOIBLES
OFFICIAL
Dear FOIBLES,
Thank you for your email.
To provide context around the internal review process– when an internal review is requested, a new decision maker is appointed to conduct an independent review of your FOI request, dated 27 July 2025. As part of this process, the reviewer may either affirm or set aside the primary decision. Importantly, the review is based on the same set of documents and their status as they existed at the time of your primary request. At this time, Document 6 was still in draft form, therefore it was open for the reviewer to consider the application of section 47C. The public interest test was then considered.
Since the making of your FOI request on 27 July 2025, the APS Commissioner has cleared Document 6 for release. Accordingly, the Commission is in a position to administratively release it to you. However, we seek your consent to remove Document 6 from Right to Know, and we will send back a version with the names of non-SES staff members removed to protect their personal privacy.
We hope for your understanding.
Kind regards,
FOI Officer
Legal Services
Australian Public Service Commission
w: www.apsc.gov.au
Dear FOI officer,
APSC reference: LEX 1626
In your email of 16 October 2025, you have stated that an internal "review is based on the same set of documents and their status as they existed at the time of your primary request. At this time [i.e. the time of the primary request], Document 6 was still in draft form, therefore it was open for the reviewer to consider the application of section 47C."
Your statement is not on point.
The issue is not whether consideration of section 47C was open to Kylie Barber. The issue is whether Kylie Barber, having decided that the minutes of 27 May 2025 were conditionally exempt under section 47C, applied the public interest test under subsection 11A(5) of the FOI Act at the time of her decision on 13 October 2025.
That is because "disclosure of a conditionally exempt document is required unless in the particular circumstances and AT THE TIME OF DECISION it would be contrary to the public interest to give access to the document": FOI Guidelines, paragraph 6.226.
In your email of 16 October 2025, you stated that "since the making of your FOI request on 27 July 2025, the APS Commissioner has cleared Document 6 for release."
When did the APS Commissioner, Dr Gordon de Brouwer, clear the minutes of 27 May 2025 for release?
Was it after 13 October 2025, when Kylie Barber stated it was against the public interest to release the document, or was it before 13 October 2025?
If it was before 13 October 2025, why did Kylie Barber claim that it was against the public interest to release the minutes of 27 May 2025 on 13 October 2025?
If it was after 13 October 2025, as I have already asked, how has the public interest in access to the minutes of 27 May 2025 (document 6) changed so radically between 13 October 2025, when Kylie Barber refused access to the document because it was against the public interest to release, and 15 October 2025, when you stated that document 6 was cleared for release?
I would like a clear answer to my questions please.
Once I have answers to my questions, I will give consideration to your request of 15 October 2025.
I note that if the document is provided to me by administrative release, document 6 (the 27 May 2025 minutes of the integrity agencies group) will not need to be published on the APSC's FOI disclosure log. Does the APSC intend to publish document 6 somewhere else on its website if it is provided in the form of an administrative release?
Yours sincerely,
FOIBLES
Daniel S Day left an annotation ()
A shout out about:
a) Kylie Barber's internal review decision of 13 October 2025 (LEX 1626) - https://www.righttoknow.org.au/request/1... ; and
b) the minutes of the integrity agencies group dated 27 May 2025 (Document 6), which was "accidentally" sent to the access applicant after being the subject of an access refusal decision on public interest grounds - https://www.righttoknow.org.au/request/1... ,
in the Canberra Times - Brittney Levinson, Agency releases FOI document by mistake after refusing access, The Canberra Times (18 October 2025).
See - https://www.canberratimes.com.au/story/9...
Daniel S Day left an annotation ()
There's something amiss in the statement from the nameless FOI officer, dated 16 October 2025: https://www.righttoknow.org.au/request/d...
The FOI officer at the APSC has stated that an internal “review is based on the same set of documents and their status as they existed at the time of your primary request. At this time [i.e. the date the request was made], Document 6 was still in draft form, therefore it was open for the reviewer to consider the application of section 47C. ”
The “primary request” was made on 27 July 2025: https://www.righttoknow.org.au/request/d...
To the extent that the FOI officer is claiming that the internal review decision maker, Kylie Barber, was at liberty to apply the public interest test, under subsection 11A(5) of the FOI Act, at the time the request was SUBMITTED (on 27 July 2025), that claim is incorrect.
Paragraph 6.226 of the FOI Guidelines (https://www.oaic.gov.au/__data/assets/pd... ) provides:
A decision maker is not required to consider the public interest test (s 11A(5)) until they have first determined that the document is conditionally exempt. A decision maker cannot withhold access to a document simply because it is conditionally exempt. Disclosure of a conditionally exempt document is required unless in the particular circumstances and, AT THE TIME OF THE DECISION, it would be contrary to the public interest to give access to the document.
Therefore, the time at which the public interest test is applied is at the time of the decision.
The time of the internal review decision maker's decision was 13 October 2025: https://www.righttoknow.org.au/request/1...
Presumably, Kylie Barber had regard to the FOI Guidelines when processing the internal review application because the subsection 93A(2) of the FOI Act provides that “regard must be had to any guidelines issued by the Information Commissioner under [section 93A of the FOI Act].”