McKinsie final reports since 2013

John Smith 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.

The request was partially successful.

Dear Department of the Prime Minister and Cabinet,

I wish to obtain of all documents that meet the following description:

Final reports delivered by the consulting firm McKinsey & Company, to the department since 18 September 2013. Please narrow this request to documents stored in either a word document or PDF format.

All documents stored in a powerpoint document format, given to the department by McKinsey; since 18 September 2013.

Yours faithfully,

John Smith

FOI, Department of the Prime Minister and Cabinet

5 Attachments

OFFICIAL

 

Dear Mr Smith

 

Thank you for your email.

 

The Department received a second similar request through the Right to Know
website from John Smith at 12 March 2020:
[1]https://www.righttoknow.org.au/request/m....

 

If the second similar request is your request, can you please advise
whether you wish to continue with both requests or only one of the
requests.

 

If you wish to continue with only one of the requests, please specify
which request.

 

Yours sincerely

 

FOI and Privacy Section | Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

p. (02) 6271 5849

e. [2][DPMC request email] | w. [3]www.pmc.gov.au

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

[4]cid:image001.jpg@01D30607.6CF4DA00[5]cid:image002.jpg@01D30607.6CF4DA00[6]cid:image003.jpg@01D30607.6CF4DA00 [7]cid:image004.jpg@01D30607.6CF4DA00

[8]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present. -
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present.

 

 

-----Original Message-----
From: John Smith <[9][FOI #6218 email]>
Sent: Thursday, 12 March 2020 3:07 PM
To: FOI <[10][email address]>
Subject: Freedom of Information request - McKinsie final reports since
2013

 

Dear Department of the Prime Minister and Cabinet,

 

I wish to obtain of all documents that meet the following description:

 

Final reports delivered by the consulting firm McKinsey & Company, to the
department since 18 September 2013. Please narrow this request to
documents stored in either a word document or PDF format.

 

All documents stored in a powerpoint document format, given to the
department by McKinsey; since 18 September 2013.

 

Yours faithfully,

 

John Smith

 

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

 

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

[11][FOI #6218 email]

 

Is [12][DPMC request email] the wrong address for Freedom of Information
requests to Department of the Prime Minister and Cabinet? If so, please
contact us using this form:

[13]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:

[14]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.

 

 

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

 

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FOI, Department of the Prime Minister and Cabinet

5 Attachments

OFFICIAL

 

FOI/2020/065

 

Dear Mr Smith

 

Thank you for your email dated 12 March 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:

 

I wish to obtain of all documents that meet the following description:

 

Final reports delivered by the consulting firm McKinsey & Company, to the
department since 18 September 2013. Please narrow this request to
documents stored in either a word document or PDF format.

 

All documents stored in a powerpoint document format, given to the
department by McKinsey; since 18 September 2013.

 

Timeframe for receiving your decision

 

We received your request on 12 March 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 14 April 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....

 

Yours sincerely

 

 

FOI and Privacy Section | 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

[11]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present. -
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present.

______________________________________________________________________

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FOI, Department of the Prime Minister and Cabinet

9 Attachments

OFFICIAL

 

FOI/2020/065

 

Dear Mr Smith

 

Please see attached correspondence relating to the request you made to the
Department of the Prime Minister and Cabinet under the Freedom of
Information Act 1982.

 

Yours sincerely

 

 

 

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

[10]cid:image005.jpg@01D30607.6CF4DA00

 

 

 

______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
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Dear FOI,

I agree to narrow my request in the following manner:

Please only return finalised reports & powerpoint presentations from McKinsey that are associated with the following commonwealth tender IDs:CN3575896 , CN3586760-A1, CN3586760 . Draft/working documents are unnecessary and outside the scope of my request.

Please only include documents that are stored within the department's electronic records system, or that are stored as attachments within an SES staff member's email inbox.

Identical documents are unnecessary to include in this FOI request; as are any draft or interim documents. I am interested in final documents (what is called in the consulting jargon a 'deliverable') , and final powerpoint presentations (such as those given when pitching for a tender, or at the end of a tender) only.

Given that each of these commonwealth tenders had a contract value exceeding $1M, I ask that the significant public interest in transparency around these tenders be acknowledged; and therefore the ordinarily applicable FOI fee be waived in this instance.

Yours sincerely,

John Smith

FOI, Department of the Prime Minister and Cabinet

8 Attachments

OFFICIAL

 

Dear Mr Smith

 

RE: Freedom of Information Request – Reference FOI/2020/065

 

I refer to your FOI request as revised on 2 April 2020 for access to the
following:

 

… finalised reports & powerpoint presentations from McKinsey that are
associated with the following commonwealth tender IDs:CN3575896 ,
CN3586760-A1, CN3586760 . Draft/working documents are unnecessary and
outside the scope of my request.

 

Please only include documents that are stored within the department's
electronic records system, or that are stored as attachments within an SES
staff member's email inbox.

 

Identical documents are unnecessary to include in this FOI request; as are
any draft or interim documents. I am interested in final documents (what
is called in the consulting jargon a 'deliverable') , and final powerpoint
presentations (such as those given when pitching for a tender, or at the
end of a tender) only.

Your request covers one or more documents which:

·         contains information concerning the business, commercial or
financial affairs of an organisation, or a person’s business or
professional affairs, and the Department is required to consult with the
person or organisation concerned (under section 27 of the FOI Act) before
making a decision on the release of the document; and

·         contains another individual’s personal information, and the
Department is required to consult with that individual (under section 27A
of the FOI Act) before making a decision on the release of the document.

The consultation mechanism under section 27 applies when we believe the
person or organisation concerned may wish to contend that the requested
documents are exempt because their release would disclose trade secrets or
commercially valuable information or may adversely affect their business
or financial affairs.

The consultation mechanism under section 27A applies when we believe the
individual (or their representative) may wish to contend that the
requested documents are exempt for reasons of personal privacy.

We will take into account any comments we receive from the person or
organisation but the final decision about whether to grant you access to
the document you requested rests with the Department.

Section 15(6) of the FOI Act provides for the extension of the processing
time by a further 30 days in order to allow the Department time to consult
with that organisation or person.

For this reason, the period for processing your request has been extended
by 30 days in order to allow our agency time to consult with that person
or organisation (section 15(6) of the FOI Act). You should therefore
expect to receive the Department’s decision on your FOI request by 14 May
2020 (subject to any other extensions or suspensions of time allowed under
the FOI Act).

 

Yours sincerely

 

 

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

[10]cid:image005.jpg@01D30607.6CF4DA00

______________________________________________________________________

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References

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FOI, Department of the Prime Minister and Cabinet

11 Attachments

OFFICIAL

 

Dear Mr Smith

 

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

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6271 5849
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One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

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[10]cid:image005.jpg@01D30607.6CF4DA00

 

 

______________________________________________________________________

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Dear Department of the Prime Minister and Cabinet,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of the Prime Minister and Cabinet's handling of my FOI request 'McKinsie final reports since 2013'.

I disagree that the public interest test has not been met. The document should be disclosed in spite of it being a 'conditionally exempt document'.

There is a clear and strong public interest in Australians having full view of the deliberative inputs that lead to decisions and recommendations. So much the more so, when the documents relatie to nation-wide reforms of the public service. It is hard to imagine a stronger public interest than full transparency regarding this critical reform.

Deliberative process considerations ought to be accorded less weight when the decision/recommendation that the deliberative process pertains to, has already concluded. It is my understanding that the deliberative process came to an end, with the delivery of the 'Independent review of the APS' report.

The assertion that the ability of the Commonwealth to obtain advice from consultancies in the future, is not well founded. The Commonwealth would simply be able to accept open tenders from consultancies that are willing to have their documents subject to the ordinary processes of the FOI act. I am sure that given the sums involved, there are many firms that would be willing to provision consultancy services of just as good a quality as McKinsey; even if they had to do so under the knowledge that their advice may be visible through FOI.

I do argue then that the decision maker's reasons, are not well-founded reasons for the decision being against the public interest.
"restrict the free flow of information between the Department and a consulting firm engaged by the Department for sound and effective decision making;
 inhibit the ability of the Department to receive candid and comprehensive advice and
information from a consulting firm – thereby diminishing the quality and usefulness of
the information and advice provided; and
 curtail the ability of the Department, and the Government more generally, to deliberate
and consider strategic issues comprehensively, if such deliberations and considerations
are unable to be conducted within an appropriate environment of confidentiality."

In addition, these reasons that the conditionally exempt release would be against the public interest; are prohibited reasons that the decision maker was obligated not to take into account. They are reasons that assert a 'loss of confidence in the Commonwealth Government', albiet a loss of confidence in the Cth government by either McKinsey, or another imagined future consultancy firm.

As the decision maker has included a s11B(4) prohibited reason in their decision to withhold release of the documents, I request that the documents be released in full; excepting for redactions where necessary to protect the privacy of natural persons (where such privacy is in the public interest).

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/m...

Yours faithfully,

John Smith

Dear FOI,

In furtherance of my argument that the decision should be overturned, I note the following:

McKinsey routinely has 'confidential & proprietary documents' returned through FOI requests to Commonwealth agencies. This can be seen for example, through the outcome of a recent request to the NDIA. The outcome of that request returned a large, confidential & proprietary document of McKinsey, with little redaction. (e.g. here: https://www.righttoknow.org.au/request/m... )

Other consultancies also frequently have their confidential & proprietary documents returned through FOI, especially when those documents regard matters of interest to the public.

The argument that full transparency astoward the documents McKinsey supplied to the agency for the purpose of the agency's eventual report; would result in a 'chilling effect' upon the department's ability to procure consultancy services is therefore absurd.

Yours sincerely,

John Smith

Dear FOI,

Is this decision being internally reviewed?

Yours sincerely,

John Smith

FOI, Department of the Prime Minister and Cabinet

8 Attachments

OFFICIAL

 

Dear Mr Smith

 

Thank you for your email dated 16 May 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 of 14 May 2020 in
relation to your request under the Freedom of Information Act 1982 (the
FOI Act) (reference: FOI/2020/065).

 

Timeframe for receiving your decision

 

We received your request for internal review on 16 May 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 15 June 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....

 

Yours 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]

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

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[14]cid:image005.jpg@01D30607.6CF4DA00

 

 

 

______________________________________________________________________

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FOI, Department of the Prime Minister and Cabinet

10 Attachments

OFFICIAL

 

Dear Mr Smith

 

Please find attached the decision in relation to your request for internal
review.

 

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

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[10]cid:image005.jpg@01D30607.6CF4DA00

______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information
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must not review, copy, disseminate or disclose its contents to any other
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Dear FOI,

Thank you for your work.

Yours sincerely,

John Smith