Labour hire documents - AAT

John Smith made this Freedom of Information request to Administrative Appeals Tribunal

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

This request has been withdrawn by the person who made it. There may be an explanation in the correspondence below.

Dear Administrative Appeals Tribunal,

I request the following documents:

1. The five most recent contracts (as at the date of this email) between the AAT, and the labour hire provider 'Launch Recruitment'.

2. A copy of the AAT's policy & procedures regarding the use of labour hire firms. Please narrow this request to only include documents that meet this description that are, or have been available on the AAT's intranet, for use by the AAT's managerial staff when procuring labour hire services.

3. The total number of labour hire staff presently working at the AAT. (Or a document, if it exists, that would detail that fact)

4. The names of the labour hire firms presently offering labour hire services to the AAT. (Or a document, if it exists, that would detail that fact)

5. The amount spent by the AAT in the first quarter of 2020 on labour hire services. This is a distinct figure from the amount spent on contractors generally, a figure available in the annual reports. What I am interested in is the amount spent by the AAT on labour hire contractors that are fulfilling roles functionally identical to ordinary APS staff. (This would exclude, for example; an amount spent on a contractor electricians, or contractor management consultant etc).
If this figure cannot be found in an existing document, please exclude it from the FOI request.

6. Any emails or instant message chat records within the inbox of either Chris Sutton or Sera Clemens that discuss the story: https://www.michaelwest.com.au/boomers-v...
Please include only emails or skype records from the dates 9th & 10th of April inclusive. Please include deleted or achived emails for these two dates.

-Purpose-

The purpose of this FOI request is to determine the nature of labour hire arrangements within the AAT. Although the amount the AAT spends on labour hire arrangements is included within the annual reports as a line item, the annual reports contain no details of these arrangements.

These FOI requests will clarify:
(a) The working conditions that employees of 3rd parties are faced with, when working within the walls of the department. By direct access to the contracts, we will be able to compare these working conditions to that of the publicly available EBA & award.
(b) The internal policies & procedures of the department in how it carries out its labour hire arrangements. These are not available publicly, or in the annual report.
(c) The degree to which the AAT engages in labour hire practices.
(d) The internal responses (if they exist) of senior management to recent public criticism of labour hire practices within the department

This request is firmly within the public interest, as there is reason to believe that the use of labour hire arrangements by Commonwealth agencies is outlawed by the public service act. This FOI request will help clarify whether the AAT has been in breach of the act, or even whether the labour hire contracts at the AAT are in breach of the award.

I ask that, given the recent public interest in the use of labour hire arrangements by Commonwealth departments, that the ordinarily applicable FOI fees be waived in this instance.

Yours faithfully,
John Smith

Dear Administrative Appeals Tribunal,

Please amend the fourt part of the request to read 'presently supplying' rather than 'presently offering'

I apologise for the typo.

Yours faithfully,

John Smith

FOI, Administrative Appeals Tribunal

1 Attachment

Dear Mr Smith,

 

Please find attached a letter acknowledging your FOI request lodged with
the Tribunal on 19 May 2020.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

-----Original Message-----
From: John Smith [mailto:[FOI #6349 email]]
Sent: Tuesday, 19 May 2020 3:57 PM
To: FOI
Subject: Re: Freedom of Information request - Labour hire documents - AAT

 

Dear Administrative Appeals Tribunal,

 

Please amend the fourt part of the request to read 'presently supplying'
rather than 'presently offering'

 

I apologise for the typo.

 

Yours faithfully,

 

John Smith

 

 

 

-------------------------------------------------------------------

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[FOI #6349 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

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manager to link to us from your organisation's FOI page.

 

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legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

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2. http://www.aat.gov.au/

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Dear FOI,

Should I expect a decision regarding this FOI request by COB today?

Otherwise, I note that this request is overdue.

Yours sincerely,

John Smith

FOI, Administrative Appeals Tribunal

1 Attachment

Dear Mr Smith and Mr Thornton,

 

Please find attached a letter regarding your FOI requests lodged with the
Tribunal on 19 May and 29 May 2020.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

 

-----Original Message-----
From: John Smith [mailto:[email address]]
Sent: Friday, 29 May 2020 9:59 AM
To: FOI
Subject: Freedom of Information request - Launch recruitment - rates

 

Dear Administrative Appeals Tribunal,

 

I request a copy of the following:

 

- The earliest ten emails between AAT senior officer Sera Clemens & the
labour hire recruitment firm Launch recruitment pty ltd. Please include
deleted or archived emails within this FOI request.

- Please exclude from these emails, any emails that do not discuss salary
or the terms and conditions for the employment of labour hire staff on
premises at the AAT.

 

This FOI request attempts to find the rate set for labour hire staff by
the AAT, when Launch recruitment was initially engaged. We have reason to
believe that the rate set across the department was below the applicable
award rate.

 

As this FOI request is centered on a matter of public interest (namely,
the use of labour hire within Commonwealth departments, and whether proper
practices were being followed); I ask that the usually applicable FOI fees
be waived.

 

Please note: This request has been made under a different name to that of
my colleague, John Smith.

 

Yours faithfully,

 

Jack Thornton

 

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[email address]

 

Is [AAT request email] the wrong address for Freedom of Information requests to
Administrative Appeals Tribunal? If so, please contact us using this form:

https://www.righttoknow.org.au/change_re...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

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If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

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1. mailto:[AAT request email]
2. http://www.aat.gov.au/

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FOI, Administrative Appeals Tribunal

1 Attachment

Dear Mr Smith and Mr Thornton,

 

Please find attached a letter regarding your FOI requests lodged with the
Tribunal on 19 May and 29 May 2020.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

 

-----Original Message-----
From: John Smith [mailto:[email address]]
Sent: Friday, 29 May 2020 9:59 AM
To: FOI
Subject: Freedom of Information request - Launch recruitment - rates

 

Dear Administrative Appeals Tribunal,

 

I request a copy of the following:

 

- The earliest ten emails between AAT senior officer Sera Clemens & the
labour hire recruitment firm Launch recruitment pty ltd. Please include
deleted or archived emails within this FOI request.

- Please exclude from these emails, any emails that do not discuss salary
or the terms and conditions for the employment of labour hire staff on
premises at the AAT.

 

This FOI request attempts to find the rate set for labour hire staff by
the AAT, when Launch recruitment was initially engaged. We have reason to
believe that the rate set across the department was below the applicable
award rate.

 

As this FOI request is centered on a matter of public interest (namely,
the use of labour hire within Commonwealth departments, and whether proper
practices were being followed); I ask that the usually applicable FOI fees
be waived.

 

Please note: This request has been made under a different name to that of
my colleague, John Smith.

 

Yours faithfully,

 

Jack Thornton

 

-------------------------------------------------------------------

 

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[email address]

 

Is [AAT request email] the wrong address for Freedom of Information requests to
Administrative Appeals Tribunal? If so, please contact us using this form:

https://www.righttoknow.org.au/change_re...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/

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Dear FOI,

I request that as this FOI request has been made for a reason that is relevant to the public interest, that the ordinarily applicable FOI fees be waived in this instance.

If the department is not willing to waive the fee on that basis, I request a waiver on the basis of financial hardship.

If the fee cannot be waived on either of those grounds, I request an internal review of the charges that have been proposed.

Yours sincerely,
John Smith (a pseudonym)

Dear FOI,

As the FOI requests of my colleague Jack Thornton & myself have been combined; I propose that I take over the correspondence for the combined request from this point forward.

Yours sincerely,

John Smith

Dear FOI,

By the way, as stated in the initial FOI request; I do wish for the request to include deleted or archived emails & skype records (where I have specified).

If the present fee quote charge does not reflect this, please amend the fee quote to reflect the charge that would be imposed if deleted or archived emails are to be included.

Yours sincerely,

John Smith

FOI, Administrative Appeals Tribunal

1 Attachment

Dear Mr Smith,

 

Thank you for your email.

 

Please find attached a letter regarding your FOI request (FOI ref:
2020/0048).

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

-----Original Message-----
From: John Smith [mailto:[FOI #6349 email]]
Sent: Friday, 19 June 2020 9:38 PM
To: FOI
Subject: Internal review of Freedom of Information request - Labour hire
documents - AAT

 

Dear FOI,

 

By the way, as stated in the initial FOI request; I do wish for the
request to include deleted or archived emails & skype records (where I
have specified).

 

If the present fee quote charge does not reflect this, please amend the
fee quote to reflect the charge that would be imposed if deleted or
archived emails are to be included.

 

Yours sincerely,

 

John Smith

 

-----Original Message-----

 

Dear Mr Smith and Mr Thornton,

 

 

 

Please find attached a letter regarding your FOI requests lodged with the

Tribunal on 19 May and 29 May 2020.

 

 

 

Kind regards,

 

 

 

Skye M

 

Policy Officer

 

 

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal & Policy

 

E: [1][AAT request email]

 

 

 

[2]www.aat.gov.au

 

 

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #6349 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/

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Dear FOI,

I agree to limit the scope of the FOI request to emails and skype records on the exchange server; only if the retention period on the emails and skype records that are the subject of this FOI have not already lapsed.

What is the retention period for the emails & skype messages?

Regarding the public interest ground; the recent outsourcing of public servant positions to external businesses is a matter that is of public interest. Multiple news articles have been written about the topic.

Additionally, there is a public interest in information about the AAT's unorthodox staffing practices; and internal discussions about those practices, by the officers responsible for those practices.

Regarding the financial hardship ground; I have a low-income health card. I am willing to provide evidence of that being the case.

Yours sincerely,

John Smith

FOI, Administrative Appeals Tribunal

1 Attachment

Dear Mr Smith,

 

Please find attached a letter regarding your FOI request (ref no:
2020/0048).

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

 

-----Original Message-----
From: John Smith [mailto:[FOI #6349 email]]
Sent: Saturday, 11 July 2020 12:50 AM
To: FOI
Subject: Re: FOI ref: 2020/0048 - Consultation following applicant
contention that charge be reduced or not imposed (s 29(8))
[SEC=UNCLASSIFIED]

 

Dear FOI,

 

I agree to limit the scope of the FOI request to emails and skype records
on the exchange server; only if the retention period on the emails and
skype records that are the subject of this FOI have not already lapsed.

 

What is the retention period for the emails & skype messages?

 

Regarding the public interest ground; the recent outsourcing of public
servant positions to external businesses is a matter that is of public
interest. Multiple news articles have been written about the topic.

 

Additionally, there is a public interest in information about the AAT's
unorthodox staffing practices; and internal discussions about those
practices, by the officers responsible for those practices.

 

Regarding the financial hardship ground; I have a low-income health card.
I am willing to provide evidence of that being the case.

 

Yours sincerely,

 

John Smith

 

-----Original Message-----

 

Dear Mr Smith,

 

 

 

Thank you for your email.

 

 

 

Please find attached a letter regarding your FOI request (FOI ref:

2020/0048).

 

 

 

Kind regards,

 

 

 

Skye M

 

Policy Officer

 

 

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal & Policy

 

E: [1][AAT request email]

 

 

 

[2]www.aat.gov.au

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #6349 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/

hide quoted sections

FOI, Administrative Appeals Tribunal

1 Attachment

Dear Mr Smith,

 

Please find attached a copy of my FOI Charge Decision in relation to your
FOI request 2020/0048.

 

Kind regards,

 

Skye M
Policy Officer

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal and Policy
E: [1][AAT request email]

 

[2]www.aat.gov.au

 

From: FOI
Sent: Friday, 17 July 2020 6:30 PM
To: 'John Smith'
Cc: FOI
Subject: RE: FOI ref: 2020/0048 - Consultation following applicant
contention that charge be reduced or not imposed (s 29(8))
[SEC=UNCLASSIFIED]

 

Dear Mr Smith,

 

Please find attached a letter regarding your FOI request (ref no:
2020/0048).

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [3][AAT request email]

 

[4]www.aat.gov.au

 

 

-----Original Message-----
From: John Smith [mailto:[FOI #6349 email]]
Sent: Saturday, 11 July 2020 12:50 AM
To: FOI
Subject: Re: FOI ref: 2020/0048 - Consultation following applicant
contention that charge be reduced or not imposed (s 29(8))
[SEC=UNCLASSIFIED]

 

Dear FOI,

 

I agree to limit the scope of the FOI request to emails and skype records
on the exchange server; only if the retention period on the emails and
skype records that are the subject of this FOI have not already lapsed.

 

What is the retention period for the emails & skype messages?

 

Regarding the public interest ground; the recent outsourcing of public
servant positions to external businesses is a matter that is of public
interest. Multiple news articles have been written about the topic.

 

Additionally, there is a public interest in information about the AAT's
unorthodox staffing practices; and internal discussions about those
practices, by the officers responsible for those practices.

 

Regarding the financial hardship ground; I have a low-income health card.
I am willing to provide evidence of that being the case.

 

Yours sincerely,

 

John Smith

 

-----Original Message-----

 

Dear Mr Smith,

 

 

 

Thank you for your email.

 

 

 

Please find attached a letter regarding your FOI request (FOI ref:

2020/0048).

 

 

 

Kind regards,

 

 

 

Skye M

 

Policy Officer

 

 

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal & Policy

 

E: [1][AAT request email]

 

 

 

[2]www.aat.gov.au

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #6349 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/
3. mailto:[AAT request email]
4. http://www.aat.gov.au/

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Dear FOI,

Only three days to respond to the consultation letter, before you make your decision? That is ridiculous.

I withdraw this request.

Yours sincerely,

John Smith

FOI, Administrative Appeals Tribunal

Dear Mr Smith,

 

Thank you for your email.

 

I confirm that we have noted the withdrawal of request 2020/0048 and no
further action will be taken.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

-----Original Message-----
From: John Smith [mailto:[FOI #6349 email]]
Sent: Wednesday, 22 July 2020 3:10 PM
To: FOI
Subject: RE: FOI ref: 2020/0048 - Notice of FOI Charge Decision
[SEC=UNCLASSIFIED]

 

Dear FOI,

 

Only three days to respond to the consultation letter, before you make
your decision? That is ridiculous.

 

I withdraw this request.

 

Yours sincerely,

 

John Smith

 

-----Original Message-----

 

Dear Mr Smith,

 

 

 

Please find attached a copy of my FOI Charge Decision in relation to your

FOI request 2020/0048.

 

 

 

Kind regards,

 

 

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal and Policy

E: [1][AAT request email]

 

 

 

[2]www.aat.gov.au

 

 

 

From: FOI

Sent: Friday, 17 July 2020 6:30 PM

To: 'John Smith'

Cc: FOI

Subject: RE: FOI ref: 2020/0048 - Consultation following applicant

contention that charge be reduced or not imposed (s 29(8))

[SEC=UNCLASSIFIED]

 

 

 

Dear Mr Smith,

 

 

 

Please find attached a letter regarding your FOI request (ref no:

2020/0048).

 

 

 

Kind regards,

 

 

 

Skye M

 

Policy Officer

 

 

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal & Policy

 

E: [3][AAT request email]

 

 

 

[4]www.aat.gov.au

 

 

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #6349 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
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2. http://www.aat.gov.au/

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