Hadgkiss and Lloyd

D Kemp made this Freedom of Information request to Australian Public Service Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

Under the FOI Act, I seek copies of email correspondence between the Australian Public Service Commissioner, Mr John Lloyd, and the former Australian Building and Construction Commissioner, Mr Nigel Hadgkiss, from 1 January 2015 onwards. I’m happy for the details of any third parties (being the personal information on any third party individuals or information relating to any third party organisations) to be crossed out of any relevant documents.

Mr Hadgkiss resigned from his position in disgrace late last year after being found by the Federal Court to have engaged in corrupt conduct.

Mr Lloyd has also recently resigned in disgrace following allegations of corrupt conduct for which he is currently being investigated.

Both men are close personal friends. Both men are affiliated with the Liberal Party. And both men are affiliated with the Institute of Public Affairs – a far right wing political lobby group, that is effectively the lobbying arm / ministry of propaganda of the Liberal Party, and that has a policy platform characterised as being anti-worker, anti-union, anti-public servant but pro paedophile (alleged or otherwise – https://vision.org.au/radio/news/catholi...).

Both men were appointed to their highly remunerated taxpayer funded roles without merit based selection processes by Senator Eric Abetz . Senator Abetz is also affiliated with the IPA. Senator Abetz also has deep familial links to senior members of the Third Reich / Nazi Party: http://www.dailymail.co.uk/news/article-... .

There is clearly a massive public interest in the content of taxpayer funded communications between two individuals who are likely to be the most corrupt senior public servants in Australia’s history.

FOI, Australian Public Service Commission

UNCLASSIFIED

FOI Reference C18/1318

Acknowledgement of FOI request

 

The Australian Public Service Commission (the Commission) acknowledges
receipt of your request dated 21 July 2018, under the Freedom of
Information Act 1982 (Cth) (FOI Act), seeking access to the following
documents:

           

‘…I seek copies of email correspondence between the Australian Public
Service Commissioner, Mr John Lloyd, and the former Australian Building
and Construction Commissioner, Mr Nigel Hadgkiss, from 1 January 2015
onwards. I’m happy for the details of any third parties (being the
personal information on any third party individuals or information
relating to any third party organisations) to be crossed out of any
relevant documents...’

 

The statutory timeframe for responding to your request under the FOI Act
is 30 days from the date of receipt. This timeframe may be extended in
certain circumstances, and we will advise you if such circumstances arise.
An extension to the timeframe may occur if there is a need to conduct
formal consultation with affected third parties. Such consultation may
extend the processing time by an additional 30 days, in accordance with
sections 27 and 27A [Consultation – business documents and personal
privacy] of the FOI Act.

 

Section 29 of the FOI Act, provides that agencies may apply a processing
charge for access to documents which do not cover your personal
information. I will write to you and inform you if it is decided that a
processing charge will apply.

 

Section 22 of the FOI Act, provides that agencies may redact certain
material from documents, if it is deemed that material is irrelevant to
the scope of a request.  The Commission’s policy is to redact the personal
contact details of Commission or APSC officers, who are employed below
Senior Executive Officers (SES) level, such as mobile telephone numbers
and signatures. 

 

Should you have any questions relating to your request, please do not
hesitate to contact our office via email to [1][email address]

 

Kind regards,

 

 

FOI Coordinator

Legal Services

 

Australian Public Service Commission

Treasury Building, Parkes Place West, Parkes ACT 2600

GPO Box 3176, Canberra ACT 2601

Email: [email address]

 

 

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FOI, Australian Public Service Commission

UNCLASSIFIED
Good afternoon FOI Applicant

I refer to your FOI request lodged on 21 July 2018, where you sought access to documents as indicated in your email below.

You will recall that the Commission wrote to you on 24 July 2018 acknowledging receipt of your request and advising that if there was a need to conduct formal consultation, the processing time would be extended by an additional 30 days.

It has now been determined that it is necessary for the Commission to conduct formal consultation with affected third parties as required by section 27A of the FOI Act. As such, in accordance with section 15(6)(a) of the FOI Act, the processing time for responding to your request has been extended by 30 days. The statutory due date for you to receive a decision will fall on 19 August 2018, however as this date falls on a weekend, the decision will fall due on the next working day, being Monday 20th August 2018.

Kind regards

FOI Coordinator
Legal Services

Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
Email: [email address]

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FOI, Australian Public Service Commission

UNCLASSIFIED
UNCLASSIFIED
Good afternoon FOI Applicant

I refer to your FOI request lodged on 21 July 2018, where you sought access to documents as indicated in your email below.

You will recall that the Commission wrote to you 8 August 2018 advising that the statutory due date for you to receive a decision will fall due on 19 August 2018. Please note that this date is incorrect, and that the correct statutory due date is
10 September 2018.

Section 27A of the FOI Act, in accordance with section 15(6)(a) of the FOI Act, allows for the processing time for responding to your request to be extended by a further 30 days. The statutory due date for you to receive a decision will fall on
10 September 2018. I apologise for any confusion.

Kind regards

FOI Coordinator
Legal Services

Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
Email: [email address]

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FOI, Australian Public Service Commission

1 Attachment

UNCLASSIFIED
FOI Reference: C18/1318

Good morning D Kemp

Please find attached correspondence from the Australian Public Service Commission relevant to your FOI request.

Regards

FOI Coordinator
Legal Services

Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
E: [email address]

Important: This e-mail is for the use of the intended recipients only and may contain information that is confidential, commercially valuable and/or subject to legal privilege. If you are not the intended recipient you are notified that any review, re-transmission,
disclosure, dissemination or other use of, or taking any action in reliance upon this information is prohibited. If you have received this e-mail in error, please notify the sender immediately and delete all electronic and hard copies of this transmission together with any attachments.
Important: This email remains the property of the Commonwealth and is subject to the jurisdiction of section 70 of the Crimes Act 1914. It may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

JS left an annotation ()

Curiously, the letter does not disclose that the first five hours of decision making time is free. (5 x $20). Had it been considered it is likely it would have been referred to?

You might also consider excluding any of the following type reports (but not any associated emails to the reports) from the scope of your FOI request:

(1) APS Employee Census – Agency Benchmark Report
(2) Remuneration Report – Individual Agency Report

Lloyd sent these type reports to the Agency Head of FWO. As Hadgkiss was Agency Head Lloyd may have sent similar reports to Hadgkiss and those reports may be included in the 57 documents identified in the charges letter . If you do not need the reports (and they will properly be redacted ) why pay for them.

See FOI request for further info

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

FOI, Australian Public Service Commission

UNCLASSIFIED
Good afternoon D Kemp,

I refer to your FOI request received by the Australian Public Service Commission on 21 July 2018.

I also refer to the FOI Charge Decision issued to you on 28 August 2018.

The Charge Decision provided that you have 30 days in which to respond to the Charge Decision. As you have not taken any actions as required by the Charge Decision, in accordance with section 29(1)(g) the request is now deemed to have been withdrawn.

Kind regards

FOI Coordinator
Australian Public Service Commission
Level 4, B Block, Treasury Building
Parkes Place West, Parkes ACT 2600
P: 02 6202 3500 l E: [email address]
Important: This email remains the property of the Commonwealth and is subject to the jurisdiction of section 70 of the Crimes Act 1914. It may contain confidential or legally privileged information. If you think it was sent to you by mistake, please delete all copies and advise the sender.

Locutus Sum left an annotation ()

The request was not actually refused. The application is taken by the Act to have been withdrawn by the applicant. The deemed withdrawal is because the applicant did not respond to a request to from the authority.