HOSM related correspondence and FOI requests claimed as vexatious

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

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

Response to this request is long overdue. By law, under all circumstances, Department of the Prime Minister and Cabinet should have responded by now (details). You can complain by requesting an internal review.

Please accept this request for information under the FOI Act.

1. Please provide a copy of all correspondence between public servants Peter Rush and John Reid regarding the Humanitarian Overseas Service Medal. Limit your search to correspondence in 2019, 2020, 2021 and 2022.

2. Last year a Mr John Reid served me with a notice of intent to consider a vexatious declaration with the Information Commissioner. Your department has the onus of establishing that the IC should make the declaration. Please provide a document listing explicitly the FOI requests Mr Reid claims as vexatious.

Yours faithfully,

Trav S

FOI, Department of the Prime Minister and Cabinet

4 Attachments

OFFICIAL

FOI/2022/019

 

Dear Trav S,

 

Thank you for your email dated 7 January 2022 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:

 

1.  Please provide a copy of all correspondence between public servants
Peter Rush and John Reid regarding the Humanitarian Overseas Service
Medal.  Limit your search to correspondence in 2019, 2020, 2021 and 2022.

 

              2.  Last year a Mr John Reid served me with a notice of
intent to consider a vexatious declaration with the Information
Commissioner.  Your department has the onus of establishing that the IC
should make the declaration.  Please provide a document listing explicitly
the FOI requests Mr Reid claims as vexatious.

 

Timeframe for receiving your decision

 

We received your request on 7 January 2022 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 7 February 2022. The period
of 30 days may be extended in certain circumstances under the FOI Act. We
will write to you regarding any extension of time that may relate to your
request.

 

Personal Information

 

The documents falling within the scope of your request above may contain
personal information, the Department will assess the release of this
information in accordance with the conditional exemption of s47F in the
FOI Act, where personal information may be conditionally exempt from
release. The Department will also consider the FOI Guidelines and in
particular that release to the public site of Right to Know is a release
to a wider audience [3.36 Part 3 of the FOI Guidelines].

 

If you think that you might wish to receive access to your own personal
information within documents subject to an FOI request but do not wish for
that information to be conditionally exempt or become public, please
contact us at [1][DPMC request email] to provide an alternate address for the
delivery of the access decisions.

 

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
[2]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 [3][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:

o any person’s signature;
o the names and contact details of Australian Public Service officers
not in the Senior Executive Service (SES);
o the mobile or direct numbers of SES officers;
o 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 [4][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
[5]https://www.oaic.gov.au/freedom-of-infor....

 

Yours sincerely

 

Adviser | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box
6500  CANBERRA  ACT  2600
e. [6][email address]  w. [7]pmc.gov.au

[8]cid:image001.jpg@01D78E24.FF2DAFB0[9]cid:image002.jpg@01D78E24.FF2DAFB0

[10]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

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

FOI, Department of the Prime Minister and Cabinet

5 Attachments

OFFICIAL

Dear Trav S,

 

Please see attached correspondence regarding your request under the
Freedom of Information Act 1982.

 

Yours sincerely

 

FOI Adviser[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box
6500  CANBERRA  ACT  2600
e. [1][DPMC request email]  w. [2]pmc.gov.au

[3]cid:image001.jpg@01D78E24.FF2DAFB0[4]cid:image002.jpg@01D78E24.FF2DAFB0

[5]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[DPMC request email]
2. https://www.pmc.gov.au/
3. https://twitter.com/pmc_gov_au
4. https://www.linkedin.com/company/departm...

Thank you for your email. I will make a revised request in accordance with the FOI Act. Is the following amendment request OK for you?

1. Your department has identified 113 documents relevant to my request. Please provide a document listing those 113 documents.

2. Please provide a copy of all correspondence, including mobile text messages, between Mr John Reid and Mr Peter Rush relating to the vexatious declaration matter

3. Please provide a copy of all correspondence, including mobile text messages, between Mr John Reid and Mr Peter Rush relating to the Humanitarian Overseas Service Medal for Iraq matter. Please limit this search to 2019 through 2022.

Yours sincerely,

Trav S

FOI, Department of the Prime Minister and Cabinet

5 Attachments

OFFICIAL

FOI/2022/019

 

Dear Trav S

 

Please find attached the decision regarding your request under the Freedom
of Information Act 1982.

 

Yours sincerely

 

FOI Adviser I FOI and Privacy Section

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box
6500  CANBERRA  ACT  2600
e. [1][email address]  w. [2]pmc.gov.au

[3]cid:image001.jpg@01D78E24.FF2DAFB0[4]cid:image002.jpg@01D78E24.FF2DAFB0

[5]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/
3. https://twitter.com/pmc_gov_au
4. https://www.linkedin.com/company/departm...