Non, je ne regrette rien

JS made this Freedom of Information request to Australian Building and Construction Commission

The request was successful.

From: JS

Delivered

Dear Fair Work Building and Construction,

I seek access under FOI to the document referred to in an article entitled, 'No regrets': Turnbull's building watchdog Nigel Hadgkiss says his last goodbye” published in the Sydney Morning Herald on 27 September 2017. The document I seek is the document described in the article as a letter to colleagues on his final day as head of the Australian Building and Construction Commission.

Some context to the FOI request:

The following is an extract from an article published in the Australian Financial Review on 12 Sept 2017:

Australian Building and Construction Commission director Nigel Hadgkiss is facing thousands of dollars in penalties after he admitted to recklessly misrepresenting union rights to employers for more than two years.
The head of the building industry watchdog made the admission on Tuesday in the face of Federal Court action brought by the Construction, Forestry, Mining and Energy Union and internal ABCC emails that revealed his personal involvement in ensuring the information was not corrected despite staff concerns.

The following is an extract from an article published in the Australian Financial Review on 15 Sept 2017:

In submissions entered on Thursday, Mr Hadgkiss expressed "contrition and remorse for his actions and failures in this case".
"He unreservedly apologises for his actions," the submission said. "Further still, as the immediate public commentary on the statement of agreed facts and Mr Hadgkiss' resignation shows, including that from the [CFMEU] and some of its officials, he has suffered enough."

The following is an extract from an article published in the Sydney Morning Herald on 27 Sept 2017:

The outgoing boss of the Turnbull government's controversial construction industry watchdog says he has no regrets about his sometimes turbulent career. In a letter to colleagues on his final day as head of the Australian Building and Construction Commission, Nigel Hadgkiss also anointed his preferred replacement. Hadgkiss resigned from his $426,000 job earlier this month after admitting to breaching workplace laws during his earlier tenure as head of the Fair Work Commission's building industry office. After a two-week transition he officially left the job on Wednesday. "It brings to an end a 48-year career in law enforcement. In no way do I regret any of that time, challenging though much of that journey has been," he said in the internal memo. "I could have retired some years ago. However, I have thoroughly enjoyed the challenges that the last decade or so have brought."

The following is an extract from a Federal Court Judgement delivered on 29 Sept 2017.

“I note the contrition expressed by the director, his remorse for his actions, the fact that he has no record of previous contravention of the FW Act, and that fact that he has paid a high personal price in the loss of his position as a result of his contravention,’’

Yours faithfully,

JS

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Sent request to Australian Building and Construction Commission again, using a new contact address.

From: ABCC - FOI
Australian Building and Construction Commission

UNCLASSIFIED
Dear JS,

We refer to your email dated 7 October 2017 to the Australian Building and Construction Commission (ABCC). By your email you have sought access to documents under the Freedom of information Act 1982 (Cth) (FOI Act). (The FOI request.)

We acknowledge receipt of the FOI Request and wish to inform you that, pursuant to section 15(5) of the FOI Act, the relevant period the ABCC has in order to notify you of a decision is 30 days commencing from the date the FOI request was received.

Your faithfully,

FOI section
Australian Building and Construction Commission

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From: ABCC - FOI
Australian Building and Construction Commission

UNCLASSIFIED
Dear JS,

We refer to your email dated 11 October 2017.

Acknowledgement
We confirm you have made an access request for documents under the Freedom of information Act 1982 (Cth) (FOI Act) (FOI Request). We acknowledge receipt of your FOI Request and wish to inform you that, pursuant to section 15(5) of the FOI Act, the relevant period the ABCC has in order to notify you of a decision is 30 days commencing from the date the FOI request was received.

Previous requests
We note that we have received a previous FOI request from you in identical terms dated 7 October 2017.

On 20 October 2017, we wrote to you acknowledging receipt of your previous FOI request.

Given this request is identical to your previous request, that we are now processing, and to avoid unnecessary duplication, we ask that you agree to withdraw your FOI request dated 11 October 2017.

Please advise if you agree to withdraw.

Yours sincerely,

FOI section
Australian Building and Construction Commission

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From: JS

Delivered

Dear ABCC - FOI,

Yes - I agree agree to withdraw my FOI request dated 11 October 2017

Yours sincerely,

JS

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From: ABCC - FOI
Australian Building and Construction Commission


Attachment Letter to applicant 3.11.2017.pdf
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UNCLASSIFIED
Dear JS,

Please find attached further correspondence.

Your faithfully,

FOI section
Australian Building and Construction Commission

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From: JS

Delivered

Dear ABCC - FOI,

Thank you for letting me know about the proposed consultation.

Yours sincerely,

JS

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From: ABCC - FOI
Australian Building and Construction Commission


Attachment Decision 6 December 2017.pdf
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Sensitive: Personal
Dear JS

Please find attached decision in relation to your FOI request.

Yours sincerely

FOI section
Australian Building and Construction Commission

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From: ABCC - FOI
Australian Building and Construction Commission


Attachment Document 1.pdf
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Sensitive: Personal
Dear JS

We refer to the FOI decision provided to you on 6 December 2016.

Please find attached Document 1.

Yours sincerely

FOI section
Australian Building and Construction Commission

Important:
This transmission is intended for the use of the addressee and may contain confidential, protected or legally privileged information. If you are not the intended recipient you must not review, copy, disseminate, disclose to others, or take action in reliance of any material contained within this email. If you have received this transmission in error, please notify me immediately by return email and delete all copies of this transmission together with any attachments.

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From: JS

Delivered

Dear ABCC - FOI,

Thank you for providing access to the document.

Yours sincerely,

JS

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