Employment rejection based on mental health

Brooke Sheehan made this Freedom of Information request to Department of Jobs and Small Business

The request was refused by Department of Jobs and Small Business.

From: Brooke Sheehan

Delivered

Dear Department of Employment,

I wish to view a copy of any documentation and information relating to the ability for Aldi Australia to reject respective employees on the basis of mental illness, such and depression and bipolar. I wish to see any documentation that may exempt Aldi from hiring on this basis.

Yours faithfully,

Brooke Sheehan

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From: Anastacia Totoeva


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Dear Ms Sheehan

 

I refer to your 30 September 2015 Freedom of Information Act 1982 (Cth)
request, lodged with the Department of Employment.

 

For the reasons discussed by Ms Thomas below, your request has been
transferred to the Australian Human Rights Commission.

 

So that I can best assist you, could you please give me a call to discuss
this matter.  My direct number is (02) 9284 9776.  

 

Kind regards

Anastacia

 

Anastacia Totoeva
Lawyer

Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [1][email address] | W [2]humanrights.gov.au

Human rights: everyone, everywhere, everyday

[3]willingtowork

 

Register your interest in the Inquiry [4]here.

 

From: Employment - FOI [[5]mailto:[email address]]
Sent: Tuesday, 6 October 2015 11:56 AM
To: Freedom of Information
Subject: Request for transfer under s16 of the FOI Act
[DLM=For-Official-Use-Only]

 

For Official Use Only

Good morning AHRC FOI team,

 

As discussed with one of your staff members on the phone this morning, the
Department of Employment (the Department) has received a request from Ms
Brooke Sheehan (below), seeking access to documents under the Freedom of
Information Act 1982 (Cth) (FOI Act).

 

Request to transfer

Under section 16 of the FOI Act, an agency may request a transfer of the
request to another agency if the subject matter of the request is more
closely connected to the functions of the other agency.

 

Ms Sheehan’s request appears to relate to potential exemptions to
discrimination laws and we understand that the Australian Human Rights
Commission is responsible for granting exemptions under the Disability
Discrimination Act 1992 (Cth). We are therefore proposing to transfer this
request to the Australian Human Rights Commission under section 16 of the
FOI Act.

 

Can you please advise if the Australian Human Rights Commission is willing
to accept the transfer of this request at your earliest convenience, but
no later than COB Wednesday 7 October 2015.

 

Please do not hesitate to contact me on (02) 6240 2696 if you would like
to discuss this matter further or have any questions.

 

Kind regards,

 

Imogen Thomas

Information Law Team

Information Law, Practice Management and Corporate Advising Branch

Australian Government Department of Employment
Email: [6][email address]

 

 

show quoted sections

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From: Employment - FOI

For Official Use Only

Dear Ms Sheehan,

We refer to your email below 30 September 2015, in which you requested
access under the Freedom of Information Act 1982 (Cth) (the FOI Act) to
“any documentation and information relating to the ability for Aldi
Australia to reject [prospective] employees on the basis of mental
illness”.

 

We understand that the Australian Human Rights Commission (AHRC) is
responsible for overseeing the application of the Disability
Discrimination Act 1992 (Cth), which provides protection for individuals
against discrimination based on disability, including discrimination by
employers or potential employers. We have been further advised that the
AHRC also has powers under that Act to grant temporary exemptions from
some provisions in certain circumstances.

 

In view of the above, it would seem that the subject matter of your
request is more closely connected with the functions of the AHRC.
Accordingly, we are writing to inform you that your request has been
transferred to the AHRC under section 16 of the FOI Act on the basis that
it is more closely connected with the functions of that agency.

 

The AHRC has accepted the transfer and will contact you shortly in
relation to this matter. 

 

Should you have any questions about the transfer, please contact us on
(02) 6240 3710 or via email at [1][email address].

 

Kind regards,

 

Information Law Team

Information Law, Practice Management and Corporate Advising Branch

Australian Government Department of Employment
Email: [2][email address]

 

 

show quoted sections

Link to this

From: Anastacia Totoeva


Attachment image001.jpg
59K Download


Dear Ms Sheehan

 

I refer to my email of 6 October 2015.  When convenient, please give me a
call on the number below.

 

Kind regards

Anastacia

 

Anastacia Totoeva
Lawyer

Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [1][email address] | W [2]humanrights.gov.au

Human rights: everyone, everywhere, everyday

[3]willingtowork

 

Register your interest in the Inquiry [4]here.

 

From: Anastacia Totoeva
Sent: Tuesday, 6 October 2015 4:32 PM
To: '[FOI #1259 email]'
Subject: RE: Request for transfer under s16 of the FOI Act
[DLM=For-Official-Use-Only]

 

Dear Ms Sheehan

 

I refer to your 30 September 2015 Freedom of Information Act 1982 (Cth)
request, lodged with the Department of Employment.

 

For the reasons discussed by Ms Thomas below, your request has been
transferred to the Australian Human Rights Commission.

 

So that I can best assist you, could you please give me a call to discuss
this matter.  My direct number is (02) 9284 9776.  

 

Kind regards

Anastacia

 

Anastacia Totoeva
Lawyer

Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [5][email address] | W [6]humanrights.gov.au

Human rights: everyone, everywhere, everyday

[7]willingtowork

 

Register your interest in the Inquiry [8]here.

 

From: Employment - FOI [[9]mailto:[email address]]
Sent: Tuesday, 6 October 2015 11:56 AM
To: Freedom of Information
Subject: Request for transfer under s16 of the FOI Act
[DLM=For-Official-Use-Only]

 

For Official Use Only

Good morning AHRC FOI team,

 

As discussed with one of your staff members on the phone this morning, the
Department of Employment (the Department) has received a request from Ms
Brooke Sheehan (below), seeking access to documents under the Freedom of
Information Act 1982 (Cth) (FOI Act).

 

Request to transfer

Under section 16 of the FOI Act, an agency may request a transfer of the
request to another agency if the subject matter of the request is more
closely connected to the functions of the other agency.

 

Ms Sheehan’s request appears to relate to potential exemptions to
discrimination laws and we understand that the Australian Human Rights
Commission is responsible for granting exemptions under the Disability
Discrimination Act 1992 (Cth). We are therefore proposing to transfer this
request to the Australian Human Rights Commission under section 16 of the
FOI Act.

 

Can you please advise if the Australian Human Rights Commission is willing
to accept the transfer of this request at your earliest convenience, but
no later than COB Wednesday 7 October 2015.

 

Please do not hesitate to contact me on (02) 6240 2696 if you would like
to discuss this matter further or have any questions.

 

Kind regards,

 

Imogen Thomas

Information Law Team

Information Law, Practice Management and Corporate Advising Branch

Australian Government Department of Employment
Email: [10][email address]

 

 

show quoted sections

Link to this

From: Anastacia Totoeva


Attachment image001.jpg
19K Download

Attachment IGA 23 10 2015 11 37 32 436.pdf
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Dear Ms Sheehan

 

I refer to your FOI request of 30 September 2015.

 

Please see attached my decision.  If you have any queries, please contact
me on the details below.

 

Kind regards

 

Anastacia Totoeva
Lawyer

Australian Human Rights Commission
Level 3, 175 Pitt Street, Sydney NSW 2000
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9776 | F +61 2 9284 9787
E [1][email address] | W [2]humanrights.gov.au

Human rights: everyone, everywhere, everyday

 

[3]hra2015_emailsig_tickets

 

 

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Things to do with this request

Anyone:
Department of Jobs and Small Business only: