FOI request - documents
Dear Commonwealth Ombudsman,
Under the FOI Act 1982 (Cth), I request access to any and all documents (including decisions) issued by officials in the Office of the Commonwealth Ombudsman between 1 September 2020 and 31 October 2020 relating to matter 2019-402149.
Yours faithfully,
Robert
OFFICIAL
Dear Robert
Our ref: FOI-2023-10088
12 September 2023
Emailed to: [1][FOI #10631 email]
Freedom of Information request – Acknowledgment
I acknowledge receipt of your correspondence dated 29 August 2023 in which
you requested access to documents under the Freedom of Information Act
1982 (FOI Act). Your request for documents was framed in the following
way:
‘Under the FOI Act 1982 (Cth), I request access to any and all documents
(including decisions) issued by officials in the Office of the Commonwealth
Ombudsman between 1 September 2020 and 31 October 2020 relating to matter
2019-402149.’
Duplicates/irrelevant information
There may be duplicate copies of documents related to our request. Unless
you advise us you wish to receive multiple copies, we will only consider
and make a decision on one copy of each document.
Timeframes
You should expect a decision from us within 30 days from the date we
received your FOI request. This 30 day period may be extended if we need
to consult third parties, impose a charge (a fee for processing your
request) or for other reasons. We will let you know if this happens..
If you have any questions, you may contact me via email at
[2][email address] or by using the contact details in
the footer of this email.
Yours sincerely
David
Legal Officer
Legal Team
Commonwealth Ombudsman
Phone: 1300 362 072
Email: [3][email address]
Website: [4]ombudsman.gov.au
[5][IMG]
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[FOI #10631 email]
2. mailto:[email address]
3. mailto:[email address]
4. https://ombudsman.gov.au/
5. http://www.ombudsman.gov.au/
OFFICIAL
Dear Robert
I attach correspondence in relation to your request:
1. Decision letter dated 28 September 2023
Please do not hesitate to contact our Office using the details below if
you have any questions or concerns.
Yours sincerely
David
Legal Officer
Legal Team
Commonwealth Ombudsman
Phone: 1300 362 072
Email: [1][email address]
Website: [2]ombudsman.gov.au
[3][IMG]
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[email address]
2. https://ombudsman.gov.au/
3. http://www.ombudsman.gov.au/
Dear David Yalpi,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Commonwealth Ombudsman's handling of my FOI request 'FOI request - documents'.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/f...
Yours faithfully,
Robert
OFFICIAL
Dear Robert
Please find attached the internal review decision for your Freedom of
Information request dated 29 August 2023.
Many thanks
Jodie
Legal Team
Commonwealth Ombudsman
Phone: 1300 362 072
Email: [1][email address]
Website: [2]www.ombudsman.gov.au
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[email address]
2. http://www.ombudsman.gov.au/
[1]Office of the Australian Information Reference Code:
Commissioner ICR_10-55547911-4102
You submitted a form called: FOI Review_
Your form reference code is: ICR_10-55547911-4102
To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
Note: Please do not reply to this auto-generated email.
References
Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]
Our reference: MR23/01358
By email: [FOI #10631 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC
review).
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR23/01358.
Yours sincerely
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
Our reference: MR23/01358
Agency reference: FOI-2023-10088
Mr Robert RTK
By email: [1][FOI #10631 email]
Dear Mr Robert RTK,
Thank you for your application for review. We apologise for the delay in
contacting you regarding your application. We have today informed the
Commonwealth Ombudsman that the Information Commissioner will undertake an
IC review and requested information to assist with progressing the review.
We will provide you with an update when we have heard from the
Commonwealth Ombudsman.
Kind regards,
[2][IMG] Sarveshcika Yuvaraj (she/her)
Paralegal | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [3][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[4]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
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1. mailto:[FOI #10631 email]
2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://www.oaic.gov.au/engage-with-us/n...
MR23/01358
Hello,
I made an FOI request to the Ombudsman 1 year ago. My request for access to documents was denied.
On 10 April 2024 I was advised that the Ombudsman had been notified about an IC review and that I would be contacted once the Ombudsman had been in touch with the OAIC.
It has been more than 4 months since then.
If the Ombudsman has been in touch, please provide the submissions (I assume the Ombudsman will provide submissions) that have been provided to the OAIC. If the Ombudsman has failed to contact the OAIC, please follow them up.
Yours sincerely,
Robert
Dear Robert,
Thank you for your email.
We can confirm that we have received information from the Commonwealth Ombudsman in response to our notice of commencement of IC review and request for documents (a copy of their submissions is attached). Your matter is now awaiting review of that information to ensure we have all information required for progression to the Reviews and Investigation team where it will wait allocation to a Review Adviser for further assessment. This will involve case management, including assessment of the material received, and/or a forming of a preliminary view where appropriate, ahead of any decision by the Commissioner under s 55K of the FOI Act.
Please note as the OAIC is currently focussing on the case management and finalisation of aged matters, we are unable to provide an indicative timeframe at this stage. To assist you in determining an approximate timeframe, the OAIC is focussing on progressing the 2020 IC review applications and which remain on hand. Your IC review was received in November 2023, and it will take some time before your IC review is allocated and progressed. However, once your matter is allocated to a Review Adviser, they will contact you to provide a further update and advise of the next steps.
Further information about the IC review process is available in Part 10 of the FOI Guidelines.
Kind regards
Will Martin (he/him)
Assistant Review Advisor | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [email address]
Please note: The OAIC has revised its IC review procedures from 1 July 2024. For more information about these revised procedures, including new resources to assist applicants and respondents, see our webpage: Information Commissioner reviews | OAIC
The OAIC acknowledges Traditional Custodians of Country across Australia and their continuing connection to land, waters and communities. We pay our respect to First Nations people, cultures and Elders past and present.
Dear Commonwealth Ombudsman,
Section 76A of the Public Interest Disclosure Act 2013 (Cth) provides that the "Ombudsman must, as soon as practicable after the end of each calendar year, prepare and give to the Minister, for presentation to Parliament, a report on the operation of this Act during the period from 1 July to 31 December in the calendar year."
Under the FOI Act 1982 (Cth), I request access to the report on the operation of the PID Act for the period from 1 July 2024 to 31 December 2024.
Yours sincerely,
Robert
OFFICIAL
Our ref: FOI-2025-80090
Dear Robert
Freedom of Information request – Acknowledgment
I acknowledge receipt of your email dated 27 July 2025 to the Office of
the Commonwealth Ombudsman (the Office), in which you requested access to
documents under the Freedom of Information Act 1982 (FOI Act). Your
request for documents was in the following terms:
“Section 76A of the Public Interest Disclosure Act 2013 (Cth) provides
that the "Ombudsman must, as soon as practicable after the end of each
calendar year, prepare and give to the Minister, for presentation to
Parliament, a report on the operation of this Act during the period from 1
July to 31 December in the calendar year."
Under the FOI Act 1982 (Cth), I request access to the report on the
operation of the PID Act for the period from 1 July 2024 to 31 December
2024.”
Timeframes
The FOI Act requires us to provide notice of a decision on your request
within 30 days from the date we received a valid FOI request. Therefore, a
decision for your request will be provided to you on or before 26 August
2025. This 30-day period may be extended if we need to consult third
parties, or for other reasons. We will let you know if this happens.
If you have any questions, you may contact me via email at
[1][email address]
David
Legal Officer
Legal Team – Defence, Investigations, ACT, Legal (DIAL) Branch
[2]A black and white logo Description 1300 362 072
automatically generated
[email address]
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[email address]
OFFICIAL
Dear Robert
I refer to your freedom of information request of 27 July 2025. Your
request for documents was in the following terms:
“Section 76A of the Public Interest Disclosure Act 2013 (Cth) provides
that the "Ombudsman must, as soon as practicable after the end of each
calendar year, prepare and give to the Minister, for presentation to
Parliament, a report on the operation of this Act during the period from 1
July to 31 December in the calendar year."
Under the FOI Act 1982 (Cth), I request access to the report on the
operation of the PID Act for the period from 1 July 2024 to 31 December
2024.”
Publicly available information
The document you are seeking is available on our Office’s website which
you can access here: [1]Public Interest Disclosure Scheme, Biannual
Report, July - December 2024.
If this information satisfies your request, can you please confirm by
return email that you agree to withdraw your FOI request by 15 August
2025.
If you have any questions, you may contact me via email at
[2][email address]
David
Legal Officer
Legal Team – Defence, Investigations, ACT, Legal (DIAL) Branch
[3]A black and white logo Description 1300 362 072
automatically generated
[email address]
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. https://www.ombudsman.gov.au/__data/asse...
2. mailto:[email address]
Dear Information Access,
REF: FOI-2025-80090
I withdraw my request for access to the report on the operation of the PID Act for the period from 1 July 2024 - 31 December 2024. The document has been published on the website of the Australian Parliament.
Yours sincerely,
Robert
Dear Information Access,
The Deputy Commonwealth Ombudsman, Penny McKay, resigned in May 2025.
Under the FOI Act 1982 (Cth), I request access to Penny McKay's notification of resignation, and any other documents setting out her reasons for resignation.
Yours sincerely,
Robert
OFFICIAL
Our ref: FOI-2025-80098
Dear Robert
Freedom of Information request – Acknowledgment
I acknowledge receipt of your email dated 8 August 2025 to the Office of
the Commonwealth Ombudsman (the Office), in which you requested access to
documents under the Freedom of Information Act 1982 (FOI Act). Your
request for documents was in the following terms:
Under the FOI Act 1982 (Cth), I request access to Penny
McKay's notification of resignation, and any other documents setting out
her reasons for resignation.
Duplicates/irrelevant information
There may be duplicate copies of documents related to your request. Unless
you advise us you wish to receive multiple copies, we will only consider
and make a decision on one copy of each document.
Timeframes
The FOI Act requires us to provide notice of a decision on your request
within 30 days from the date we received a valid FOI request. Therefore, a
decision for your request will be provided to you on or before 7 September
2025. However, the due date falls on a Sunday so the deadline is extended
to the next business day which is 8 September 2025 ([1]How long does an
agency have to process a freedom of information request? | OAIC). This
30-day period may be extended if we need to consult third parties, or for
other reasons. We will let you know if this happens.
If you have any questions, you may contact me via email at
[2][email address]
Kind regards,
Alison
Legal Team
Defence, Investigations, ACT Ombudsman, Legal
1300 362 072
[3]A black and white logo [4][email address]
Description automatically
generated [5]ombudsman.gov.au
Level 5, 14 Childers St Canberra ACT 2600
Proud to be working on the lands of the Gadigal people of the Eora
Nation. The Office of the Commonwealth Ombudsman acknowledges the
Traditional Owners of Country throughout Australia and their continuing
connection to land, culture and community. We pay our respects to Elders
past and present.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. mailto:[email address]
4. mailto:[email address]
5. http://www.ombudsman.gov.au/
OFFICIAL
Dear Robert
I refer to your 8 August 2025 Freedom of Information (FOI) request
received by the Office of the Commonwealth Ombudsman (Office). Your FOI
request under the Freedom of Information Act 1982 (Cth) (FOI Act) seeks
access to:
I request access to Penny McKay's notification of resignation, and any
other documents setting out her reasons for resignation.
Section 27A of the FOI Act - consultation with third parties on their
personal information
As your FOI request covers documents which contains personal information
of another individual, our Office is required to consult with such
individuals (under sections 27A) before making a decision on the release
of this information.
For this reason, the period for processing your FOI request has been
extended by 30 days to allow our agency time to consult with the
respective individual/s (section 15(6) of the FOI Act). The processing
period for your FOI request will now end on Tuesday 7 October 2025.
The consultation mechanism under sections 27A of the FOI Act applies when
we believe the individual (or their representative) may wish to contend
that the requested documents, or the Information contained in such
documents, are exempt for reasons of personal privacy or because they
contain business information. We will consider any comments we receive
from the individual. However, the final decision about whether to grant
access to the documents containing personal information rests with the
Office's FOI delegate.
You may find further information about [1] third-party rights - here.
Yours sincerely,
Alison (she/her)
Legal Officer
Defence, Investigations, ACT Ombudsman, Legal
1300 362 072
[2]A black and white logo [3][email address]
Description automatically
generated [4]ombudsman.gov.au
Level 5, 14 Childers St Canberra ACT 2600
Proud to be working on the lands of the Gadigal people of the Eora
Nation. The Office of the Commonwealth Ombudsman acknowledges the
Traditional Owners of Country throughout Australia and their continuing
connection to land, culture and community. We pay our respects to Elders
past and present.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
3. mailto:[email address]
4. http://www.ombudsman.gov.au/
OFFICIAL: Sensitive//Personal Privacy
Dear Robert
Please see attached decision and document in response to your FOI request
dated 8 August 2025.
Yours sincerely
Alison (she/her)
Legal Officer
Defence, Investigations, ACT Ombudsman, Legal
1300 362 072
[1]A black and white logo
Description automatically generated [2][email address]
[3]ombudsman.gov.au
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
2. mailto:[email address]
3. http://www.ombudsman.gov.au/
Ombudsman Reference: FOI-2025-80098
Dear Ms Kay,
I am applying for internal review of your decision.
I refer to your decision dated 24 September 2025 (https://www.righttoknow.org.au/request/1... ), and the document that you granted access to (https://www.righttoknow.org.au/request/1... ).
The document you granted access to was Penny McKay's resignation letter.
In your reasons, at [12] - [14] you stated:
"The partially released document contains ‘personal information’ being, Ms Penny McKay's signature ...
In considering whether disclosure would be unreasonable, subsection 47F(2) of the FOI Act requires that I take into account:
• the extent to which the information is well known
• 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, and
• the availability of the information from publicly accessible sources, and any other matter considered relevant.
With regards to the signature of Ms McKay ... this information is not well known, nor is it readily available from public sources."
Your statement is false.
Penny McKay's signature is published on government websites and on this very website.
For example:
a) in the annual report of the Commonwealth Ombudsman for the 2020-21 financial year ( https://www.transparency.gov.au/publicat... ), such report being published to the world on the Commonwealth Government's transparency website; and
b) on this very website in documents released by the APSC ( https://www.righttoknow.org.au/request/9... ) - see decision notice here ( https://www.righttoknow.org.au/request/1... ); and
c) in submissions made to the Commonwealth Parliament on various matters, which have been published on the website of the Office of the Commonwealth Ombudsman ( https://www.ombudsman.gov.au/__data/asse... ).
Therefore, your claims that section 47F of the FOI Act applies to Penny McKay's signature are false because your claims are controverted by evidence published to all the world.
Since Penny McKay's signature is accessible online, from a variety of locations, please ensure that the redaction applied to Penny McKay's signature is removed from the resignation letter.
Yours sincerely,
Robert
OFFICIAL
Our ref: FOI-2025-80098-IR
Dear Robert
Freedom of Information request – Acknowledgment
I acknowledge receipt of your email dated 1 October 2025 to the Office of
the Commonwealth Ombudsman (the Office), in which you requested internal
review of FOI decision 2025-80098 under the Freedom of Information Act
1982 (FOI Act). Your original request for documents was in the following
terms:
Under the FOI Act 1982 (Cth), I request access to Penny McKay's
notification of resignation, and any other documents setting out her
reasons for resignation.
Scope of review
I understand based on your email that you are only disputing the Section
47F exemption being applied to Ms McKay’s signature and not other
exemptions in the document. Please let me know as soon as possible if this
is not correct.
Timeframes
The FOI Act requires us to provide notice of a decision on your request
within 30 days from the date we received a valid FOI request. Therefore, a
decision for your request will be provided to you on or before 31 October
2025.
If you have any questions, you may contact me via email at
[1][email address]
Kind regards,
TY
Defence, Investigations, ACT Ombudsman, Legal
1300 362 072
[2]A black and white logo [3][email address]
Description automatically
generated [4]ombudsman.gov.au
Level 5, 14 Childers St Canberra ACT 2600
Proud to be working on the lands of the Gadigal people of the Eora
Nation. The Office of the Commonwealth Ombudsman acknowledges the
Traditional Owners of Country throughout Australia and their continuing
connection to land, culture and community. We pay our respects to Elders
past and present.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[email address]
3. mailto:[email address]
4. http://www.ombudsman.gov.au/
OFFICIAL
Dear Robert,
Please see attached a decision affirming the original decision in your FOI
matter.
Kind regards,
TY
Legal Director
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
Dear Commonwealth Ombudsman,
I refer to the submissions of Professor Peter Tregear OAM submitted to the Senate inquiry into the quality of governance at Australian higher education providers: https://www.aph.gov.au/DocumentStore.ash...
On 21 September 2020, the investigator of Professor Peter Tregear's complaint about an inadequately handled PID (Ombudsman's reference 2019-402149) noted the following:
“Our Office will consider whether it is appropriate to make any further comments or suggestions to the ANU under section 12(4) of the Ombudsman Act with a view to improving future administration of the public interest disclosure scheme.”
Under the FOI Act, I request access to any and all documents setting out “further comments or suggestions to the ANU under section 12(4) of the Ombudsman Act” arising from the investigation, under the Ombudsman Act 1976 (Cth), that was terminated by the Ombudsman's delegate.
Please provide the document to me by return email.
Yours sincerely,
Robert
OFFICIAL
Dear Mr Robert,
I acknowledge receipt of your email dated 29 November 2025, in which you
requested access to documents under the Freedom of Information Act
1982 (FOI Act). Your request was made in the following terms:
Under the FOI Act, I request access to any and all documents setting out
“further comments or suggestions to the ANU under section 12(4) of the
Ombudsman Act” arising from the investigation, under the Ombudsman Act
1976 (Cth), that was terminated by the Ombudsman's delegate.
I note that you have made a request for access to public interest
disclosure (PID) material through a public website, Right to Know. Given
the highly sensitive nature of PID material, our Office will not release
PID material via the FOI Act through a public website.
Generally, information containing PID material is likely to be exempt
under s 47E(d) of the FOI Act (substantial adverse effect on an agency’s
proper and efficient conduct of operations) insofar as it applies to
complaints made to investigative bodies. Central to the PID scheme is the
protection of those who make disclosures. Where information about a PID is
released, there is an increased risk of reprisal for disclosers and other
officials. Further, disclosure may likely act as a deterrent to those
thinking of making PIDs to this Office in the future. Public detriment
will arise if the Office’s ability to obtain confidential information in
future PID or Ombudsman Act investigations is limited.
Accordingly, we request that you provide us with your personal email
address so that any decision on access can be sent to that address.
If you would like to continue with this request, can you please provide us
with your personal email address and a copy of identification (such as a
drivers' license) by COB 2 December 2025.
Duplicates/irrelevant information
There may be duplicate copies of documents related to our request. Unless
you advise us, you wish to receive multiple copies, we will only consider
and decide on one copy of each document.
Disclosure Log
Please note that information released under the FOI Act may later be
published online on our disclosure log subject to certain exceptions. (For
example, personal information will not be published where this would be
unreasonable). The link to our disclosure log can be found here:
[1]https://www.ombudsman.gov.au/about/audit...
Timeframes
The FOI Act requires us to provide notice of a decision on your FOI
request within 30 days from the date we received a valid FOI request. You
should expect a decision before or on 29 December 2025. This 30-day period
may be extended if we need to consult third parties or for other reasons.
We will let you know if this happens.
If you have any questions, please reply to this email, or contact us by
phone on 1300 362 072.
Kind regards
Richard
Legal Officer
Defence, Investigations, ACT & Legal Branch
[2]A black and white logo [3][email address]
Description automatically
generated [4]ombudsman.gov.au
The Office of the Commonwealth Ombudsman acknowledges the Traditional
Owners of Country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to Elders past and
present.
Artwork by Kevin Bynder, Whadjuk Nyungar Badimia Yamatji Artist.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. https://www.ombudsman.gov.au/about/audit...
3. mailto:[email address]
4. http://www.ombudsman.gov.au/
Dear Mr Nguyen,
Thank you for your email.
You claim that I "have made a request for access to public interest disclosure (PID) material through a public website" and that the your "Office will not release PID material via the FOI Act through a public website."
Your claim is false.
I have submitted an FOI request for access to any and all documents setting out “further comments or suggestions to the ANU under section 12(4) of the Ombudsman Act” arising from the investigation, under the Ombudsman Act 1976 (Cth), that was terminated by the Ombudsman's delegate. As you can see, I have not requested any "PID material through a public website."
For the record, the allegations set out in Professor Tregear's PID were reported by the Australian Broadcasting Corporation in 2017 (https://www.abc.net.au/news/2017-05-24/c... ) and the Sydney Morning Herald (https://www.smh.com.au/national/act/watc... ).
The mishandling of the complaint by the Commonwealth Ombudsman's delegate was also the subject of media scrutiny in August this year (https://www.sydneycriminallawyers.com.au... ).
Moreover, the delegate's decision has been published on the website of the Australian Parliament and is protected by Parliamentary privilege: https://www.aph.gov.au/DocumentStore.ash... . Everybody in the world is able to review the delegate's gross mishandling of the complaint made by Professor Tregear.
You claim that the document that I have requested is "highly sensitive". The only reasons for refusing access to correspondence issued under subsection 12(4) of the Ombudsman Act 1976 (Cth) are to be sourced in the exemptions or conditional exemptions set out in the FOI Act. "Highly sensitive" is not a standard that is acknowledged in the FOI Act, and constructively refusing to deal with a lawful FOI request because you claim a document is "highly sensitive" is contrary to law.
I also note that, earlier this year, the Office of the Commonwealth Ombudsman published, on its disclosure log, correspondence issued under subsection 12(4) of the Ombudsman Act 1976 (Cth) in relation to an inadequate PID investigation: https://www.ombudsman.gov.au/__data/asse...
Stating that your "Office will not release PID material via the FOI Act through a public website" is, aside from being misguided (PID material is not what has been requested), inconsistent with the Office's practices and obligations because the Office of the Commonwealth Ombudsman has published correspondence issued under subsection 12(4) of the Ombudsman Act 1976 (Cth) in relation to an inadequate PID investigation on a public webpage (the FOI disclosure log of the Office of the Commonwealth Ombudsman: https://www.ombudsman.gov.au/about/audit... - FOI-2025-80009).
I will not provide you with my license or any personal identification materials because I am under no obligation, under the FOI Act, to do so to apply for access to a document issued under subsection 12(4) of the Ombudsman Act 1976 (Cth).
The email address from which I have sent this request on Right to Know is the email address that I would like all correspondence, including reasons for decision, sent to.
Please ensure that you do not, in any further correspondence, conflate the fact that I have requested correspondence issued under the Ombudsman Act 1976 (Cth) with the false claim that I have requested access to materials provided to the Office of the Commonwealth Ombudsman under or pursuant to the PID Act (i.e. "public interest disclosure material"). In any case, and while not relevant to my request because my request is not for access to documents prepared under or received pursuant to the PID Act, as you well know, "documents associated with a public interest disclosure do not attract any special exemption from the operation of the Freedom of Information Act 1982" and "requests for access to documents under the Freedom of Information Act 1982 must be considered on a case by case basis": Agency Guide to the Public Interest Disclosure Act 2013 (Cth), paragraph 7.5.4 - https://www.ombudsman.gov.au/__data/asse...
Please ensure that you process my lawful request according to the terms of the FOI Act, and not otherwise.
Yours sincerely,
Robert