Gaetjens report into sports grants program ministerial conflict of interest

Andrew made this Freedom of Information request to Department of the Prime Minister and Cabinet

The request was refused by Department of the Prime Minister and Cabinet.

From: Andrew

Delivered

Dear Department of the Prime Minister and Cabinet,

Under the FOI Act 1982, I request the report by PM&C Secretary Phil Gaetjens into ministerial conflicts of interest and the Ministerial Code of Conduct with regards to the Sport Australia Community Sports Infrastructure Program, as supplied to the Prime Minister in February 2020.

In light of the exceptional public interest in this matter, which I am sure you are aware of, I request that all fees be waived.

Yours faithfully,

Andrew

Link to this

From: FOI
Department of the Prime Minister and Cabinet


Attachment image001.jpg
0K Download

Attachment image002.jpg
1K Download

Attachment image003.jpg
0K Download

Attachment image004.jpg
0K Download


OFFICIAL

 

FOI/2020/026

 

 

Dear Andrew

 

Thank you for your email of 2 February 2020, received by the Department of
the Prime Minister and Cabinet (the Department), in which you made a
request to the Department under the Freedom of Information Act 1982 (the
FOI Act) in the following terms:

 

Under the FOI Act 1982, I request the report by PM&C Secretary Phil
Gaetjens into ministerial conflicts of interest and the Ministerial Code
of Conduct with regards to the Sport Australia Community Sports
Infrastructure Program, as supplied to the Prime Minister in February
2020.

 

Timeframe for receiving your decision

 

The Department received your request on 2 February 2020 and the 30 day
statutory period for processing your request commenced from the day after
that date. You should therefore expect a decision from us by 3 March
2020.  The period of 30 days may be extended in certain circumstances. We
will advise you if there is any extension of time.

 

Charges

 

Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.

 

Publication of documents

 

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email].  If you
do wish to object to the publication of information, you would need to
provide supporting reasons.

 

Exclusion of officers’ names and contact details

 

For documents that fall within scope of the request, it is the
Department’s policy to withhold:

·         any person’s signature;

·         the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);

·         the mobile or direct numbers of SES officers;

·         the names and contact details of Ministerial staff at a level
below Chief of Staff.

 

The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).

 

We will write again when the Department has more information.  Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner
[4]https://www.oaic.gov.au/freedom-of-infor....

 

Sincerely

 

 

FOI Adviser

FOI and Privacy | Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

p. (02) 6271 5849

e. [5][DPMC request email] | w. [6]www.pmc.gov.au

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

 

[7]cid:image001.jpg@01D30607.6CF4DA00[8]cid:image002.jpg@01D30607.6CF4DA00[9]cid:image003.jpg@01D30607.6CF4DA00 [10]cid:image004.jpg@01D30607.6CF4DA00

 

The Department acknowledges the Traditional Custodians of Country
throughout Australia and their continuing connection to land, waters and
community. We pay our respect to their Cultures, Country and Elders both
past and present.

 

 

 

 

show quoted sections

References

Visible links
1. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
5. mailto:[DPMC request email]
6. http://www.pmc.gov.au/
7. https://twitter.com/pmc_gov_au
8. https://www.linkedin.com/company/departm...
9. https://twitter.com/indigenous_gov
10. https://www.facebook.com/indigenous.gov....

Link to this

From: FOI
Department of the Prime Minister and Cabinet


Attachment image001.png
0K Download

Attachment image002.png
0K Download

Attachment image003.png
0K Download

Attachment image004.jpg
0K Download

Attachment image005.jpg
1K Download

Attachment image006.jpg
0K Download

Attachment image007.jpg
0K Download

Attachment 2020 026 Decision.pdf
1.0M Download View as HTML


OFFICIAL

 

Dear Andrew

 

Please find attached the decision in relation to your request.

 

Kind regards

 

 

FOI Adviser

FOI and Privacy Section| Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

[1]http://www.dcducks.com/wp-content/themes...
6271 5849
[2]http://cdn.mysitemyway.com/icons-waterma... request email]

[4]https://www.musicianswithoutborders.org/...

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

[6]cid:image001.jpg@01D30607.6CF4DA00[7]cid:image002.jpg@01D30607.6CF4DA00[8]cid:image003.jpg@01D30607.6CF4DA00 [9]cid:image004.jpg@01D30607.6CF4DA00

 

 

 

show quoted sections

References

Visible links
3. mailto:[DPMC request email]
5. http://www.pmc.gov.au/
6. https://twitter.com/pmc_gov_au
7. https://www.linkedin.com/company/departm...
8. https://twitter.com/indigenous_gov
9. https://www.facebook.com/indigenous.gov....

Link to this

From: Andrew

Delivered

Dear Department of the Prime Minister and Cabinet,

Under Part VI of the FOI Act, I apply for an internal review of the decision made on my FOI request, file reference FOI/2020/026.

I note that the initial decision relies on s34(1)(a) and s34(3).

With regards to the reliance on s34(1)(a), I submit that based on the information available in the public domain regarding the circumstances in which this document was created and the circumstances surrounding similar documents created in the past, and the actions that were taken by government in response to this report, it appears likely that a significant purpose of creating this document was to assist the Prime Minister in the exercise of his responsibility to advise the Governor-General on the appointment and dismissal of ministers. This responsibility belongs to the Prime Minister in his individual ministerial capacity.

S34(1)(a)(ii) only applies if the document "was brought into existence for the dominant purpose of submission for consideration by the Cabinet". I submit that if indeed the document was created with the purpose of advising the Prime Minister on his individual ministerial duties (whether this purpose is documented explicitly, or merely understood by those involved to be implicit in the creation of the document) then the decision maker would be wrong to determine that consideration by the Cabinet is the "dominant" purpose of the document's creation, and thus s34(1)(a) does not apply.

With regards to the reliance on s34(3), I note that if it is reasonably possible to produce an edited version of the document with exempt matter removed, s22 requires that such a copy be provided.

I look forward to your decision on this request.

Yours faithfully,

Andrew

Link to this

From: FOI
Department of the Prime Minister and Cabinet


Attachment image001.png
0K Download

Attachment image002.png
0K Download

Attachment image003.png
0K Download

Attachment image004.jpg
0K Download

Attachment image005.jpg
1K Download

Attachment image006.jpg
0K Download

Attachment image007.jpg
0K Download


OFFICIAL

 

Dear Andrew

 

Thank you for your email dated 3 March 2020, received by the Department of
the Prime Minister and Cabinet (the Department), in which you made a
request for internal review of the Department’s decision on 3 March 2020
in relation to your request under the Freedom of Information Act 1982 (the
FOI Act) (reference: FOI/2020/026).

 

Timeframe for receiving your internal review decision

 

We received your request for internal review on 3 March 2020 and the
30-day statutory period for internal review commenced from the day after
that date. You should therefore expect a decision from us by 2 April 2020.

 

Publication of documents

 

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]https://www.pmc.gov.au/government/depart...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email].  If you
do wish to object to the publication of information, you would need to
provide supporting reasons.

 

Exclusion of officers’ names and contact details

 

For documents that fall within scope of the request, it is the
Department’s policy to withhold:

·       any person’s signature;

·       the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);

·       the mobile or direct numbers of SES officers;

·       the names and contact details of Ministerial staff at a level
below Chief of Staff.

 

The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).

 

We will write again when the Department has more information.  Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner
[4]https://www.oaic.gov.au/freedom-of-infor....

 

Sincerely

 

 

FOI Adviser

FOI and Privacy Section| Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

[5]http://www.dcducks.com/wp-content/themes...
6271 5849
[6]http://cdn.mysitemyway.com/icons-waterma... request email]

[8]https://www.musicianswithoutborders.org/...

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

[10]cid:image001.jpg@01D30607.6CF4DA00[11]cid:image002.jpg@01D30607.6CF4DA00[12]cid:image003.jpg@01D30607.6CF4DA00 [13]cid:image004.jpg@01D30607.6CF4DA00

 

show quoted sections

References

Visible links
1. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
7. mailto:[DPMC request email]
9. http://www.pmc.gov.au/
10. https://twitter.com/pmc_gov_au
11. https://www.linkedin.com/company/departm...
12. https://twitter.com/indigenous_gov
13. https://www.facebook.com/indigenous.gov....

Link to this

From: FOI
Department of the Prime Minister and Cabinet


Attachment image001.png
0K Download

Attachment image002.png
0K Download

Attachment image003.png
0K Download

Attachment image004.jpg
0K Download

Attachment image005.jpg
1K Download

Attachment image006.jpg
0K Download

Attachment image007.jpg
0K Download

Attachment 2020 026 Internal Review Decision.pdf
98K Download View as HTML


OFFICIAL

 

Dear Andrew

 

Please find attached the Internal Review decision in relation to your
request.

 

Kind regards

 

 

FOI Adviser

FOI and Privacy Section| Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

[1]http://www.dcducks.com/wp-content/themes...
6271 5849
[2]http://cdn.mysitemyway.com/icons-waterma... request email]

[4]https://www.musicianswithoutborders.org/...

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

[6]cid:image001.jpg@01D30607.6CF4DA00[7]cid:image002.jpg@01D30607.6CF4DA00[8]cid:image003.jpg@01D30607.6CF4DA00 [9]cid:image004.jpg@01D30607.6CF4DA00

 

show quoted sections

References

Visible links
3. mailto:[DPMC request email]
5. http://www.pmc.gov.au/
6. https://twitter.com/pmc_gov_au
7. https://www.linkedin.com/company/departm...
8. https://twitter.com/indigenous_gov
9. https://www.facebook.com/indigenous.gov....

Link to this

Things to do with this request

Anyone:
Department of the Prime Minister and Cabinet only: