Notice of intent to consider a vexatious declaration application
Please accept this request for information in accordance with the FOI Act.
On 28 July 2021, your department served notice of intent to consider a vexatious declaration application on a member of the public engaged in scrutinising your department’s administrative decision-making regarding the Humanitarian Overseas Service Medal.
On 1 August 2021, the member of the public replied refuting your department’s allegations and implications. The reply informed your department of significant errors in their administrative processes associated with the HOSM that were revealed through FOI. The response respectfully asked your department to take a number of actions.
Please provide a copy of:
1. the 28 July 2021 and 1 August 2021 letters
2. all departmental correspondence between 1 August and 19 October 2021 related to this matter
3. draft and final documents created by the department in response to the 1 August 2021 letter.
Thank you for your time. Yours faithfully, Trav S
OFFICIAL
Dear Mr S
Thank you for your request of 19 October 2021 to the Department of the Prime Minister and Cabinet (the Department) under the Freedom of Information Act 1982 (the FOI Act) in the following terms:
"On 28 July 2021, your department served notice of intent to consider a vexatious declaration application on a member of the public engaged in scrutinising your department’s administrative decision-making regarding the Humanitarian Overseas Service Medal. On 1 August 2021, the member of the public replied refuting your department’s allegations and implications. The reply informed your department of significant errors in their administrative processes associated with the HOSM that were revealed through FOI. The response respectfully asked your department to take a number of actions. Please provide a copy of:
1. the 28 July 2021 and 1 August 2021 letters
2. all departmental correspondence between 1 August and 19 October 2021 related to this matter
3. draft and final documents created by the department in response to the 1 August 2021 letter."
Your request is for a letter to the Department dated 28 July 2021 and the Department's correspondence in response dated 1 August 2021. As that correspondence, and related documents, concern the personal information of another individual, the relevant parts of the documents are the personal information of that individual, and would be exempt from release, under section 47F of the Freedom of Information Act 1982.
Unless you can provide the Department with proof that you are the same individual as the individual to which that correspondence relates, most of the information within the scope of the request will be exempt under section 47F of the FOI Act.
We request this clarification by no later than COB Wednesday 3 November 2021, in order to process your request in accordance with statutory deadlines.
Yours sincerely
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. [DPMC request email] w. pmc.gov.au
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.
rom: Trav S <[FOI #7986 email]>
Sent: Tuesday, 19 October 2021 9:08 AM
To: FOI <[email address]>
Subject: Freedom of Information request - Notice of intent to consider a vexatious declaration application
Please accept this request for information in accordance with the FOI Act.
On 28 July 2021, your department served notice of intent to consider a vexatious declaration application on a member of the public engaged in scrutinising your department’s administrative decision-making regarding the Humanitarian Overseas Service Medal.
On 1 August 2021, the member of the public replied refuting your department’s allegations and implications. The reply informed your department of significant errors in their administrative processes associated with the HOSM that were revealed through FOI. The response respectfully asked your department to take a number of actions.
Please provide a copy of:
1. the 28 July 2021 and 1 August 2021 letters
2. all departmental correspondence between 1 August and 19 October 2021 related to this matter
3. draft and final documents created by the department in response to the 1 August 2021 letter.
Thank you for your time. Yours faithfully, Trav S
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Please use this email address for all replies to this request:
[FOI #7986 email]
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Please note that in some cases publication of requests and responses will be delayed.
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______________________________________________________________________
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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Thank you. I am happy to provide proof again. Please note, I do not consent to my name, email, address or phone number being disclosed. Regarding your statement ‘Your request is for a letter to the Department dated 28 July 2021 and the Department's correspondence in response dated 1 August 2021. As that correspondence, and related documents’. To amend and clarify our request, we would like to ask for copies of:
1. PMC's 28 July 2021 letter serving notice of intent to consider a vexatious declaration application with the Information Comissioner
2. The 1st August 2021 letter ‘Response to PMC notice of intent to consider vexatious declaration applicaiton proceedings’
3. All departmental (as in PMC) correspondence occuring from 1 Aug to 19 Oct 2021 related to this vexatious declaration matter
4. The department’s draft and final responses to the 1st August 2021 letter ‘Response to PMC notice of intent to consider vexatious declaration applicaiton proceedings’
Thank you for your time. Yours sincerely, Trav S
Dear PMC, I do not agree to the request for extension of time under section 15AA for the FOI Act.
Your department initiated these proceedings. I seek to have the matters brought before the Information Commissioner and other external agencies as quickly as possible. The documents are to hand and your department has satisfied themselves to my identity. Please proceed with the request for information in accordance with the FOI Act. Thank you for your time, yours sincerely, Trav S
Our reference: RQ21/03617
Agency reference: FOI/2021/266
Mr Trav S
By email: [1][FOI #7986 email]
Extension of time application by Department of the Prime Minister and Cabinet
Dear Mr S
Please find attached a decision of today’s date for an extension of time
from the Department of the Prime Minister and Cabinet.
Sincerely
[2][IMG] Summen Sarwar | Administrative
Assistant (Legal)
Significant and Systemic Reviews and
Regulatory Advice
Freedom of Information Regulatory Group
Office of the Australian Information
Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
+61 2 9284 9815 |
[4][email address]
[5][IMG] | [6][IMG] | [7][IMG] | [8]Subscribe to Information
Matters
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References
Visible links
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2. https://www.oaic.gov.au/
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4. mailto:[email address]
5. https://aus01.safelinks.protection.outlo...
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8. https://www.oaic.gov.au/media-and-speech...
Dear Summen,
Please note that I reply to PMC's request for an extension. I will be grateful if you amend the record to show that on 12 Nov 2021 I provided the following response to PMC:
"Dear PMC, I do not agree to the request for extension of time under section 15AA for the FOI Act.
Your department initiated these proceedings. I seek to have the matters brought before the Information Commissioner and other external agencies as quickly as possible. The documents are to hand and your department has satisfied themselves to my identity. Please proceed with the request for information in accordance with the FOI Act. Thank you for your time, yours sincerely, Trav S"
Thank you for your time
Trav S
OFFICIAL
Please find attached a decision letter and documents released to you in regard to your FOI Request FOI/2021/266.
Kind regards
FOI Advisor
FOI and Privacy Section | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
FOI Team (02) 6271 5849
[DPMC request email]
www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
______________________________________________________________________
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.
______________________________________________________________________
Dear PMC
We have no confidence in your department’s willingness to provide truthful unbiased advice to government on this matter. However you will understand we are required to request an internal review before we can request an external review. Therefore please accept our internal review request. We will be grateful if you will take the following information into consideration.
1. We contend the public interest factors favour disclosing all conditionally exempt material, except the names and addresses of members of the public.
2. The integrity of the HOSM and its associated processes is in doubt as a result of your department's actions and omissions. We have inquired into less than 10% of the HOSM eligible operations and FOI documents reveal alarming errors in assessments and advice to government.
3. We note your department’s unwillingness to accept reasonable public scrutiny and requests for external review of decisions that are clearly affected by an apparent bias. This is at odds with good governance and the values your department purports to uphold.
4. Your department obstructs reasonable FOI requests from affected members of the public seeking to reasonably and respectfully scrutinise your department’s decision making.
5. In 2004 your department failed to consult with relevant stakeholders they ought to have consulted with before the HOSM declaration for Iraq was drafted and promulgated. Despite this, your department advises government they consult all relevant stakeholders.
6. In 2009 your department failed to inform government that the GE contingent included commercial security contractors. They were rightly awarded the HOSM. The assistant secretary was informed of this but it is unclear if he informed his superiors in accordance with his duty to do so.
7. In 2012 your department provided a written agreement to AusAID that your department may have dishonoured. The assistant secretary may have taken it upon themselves to make a ministerial policy decision that was the Minister's to make.
8. In 2013 the assistant secretary provided unsubstantiated and manifestly unreasonable information to government. They also withheld written agreements and materially relevant documents that should have been included in their brief.
9. At least 3 senior executive service public servants in your department has been informed of substantial matters that appear to warrant investigation but nothing has happened.
10. Your department conflates legislative instruments and makes statements that are not supported by facts.
11. In matters related to this case, your department operates more like a cabal than a transparent government department.
As noted, we have no confidence in your department’s willingness to provide truthful unbiased advice to government on this matter. Regrettably the integrity of the HOSM and its associated processes is doubt.
Thank you for your time. Have a great weekend.
Yours sincerely,
Trav S
OFFICIAL
Dear Trav S
The Department of the Prime Minister and Cabinet (the Department)
acknowledges receipt of your email below, in which you sought internal
review of the decision for your FOI request FOI/2021/266.
Timeframe for receiving your internal review decision
We received your request for internal review on 26 November 2021 and the
30-day statutory period for internal review commenced from the day after
that date. You should therefore expect the internal review decision from
us by 29 December 2021.
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
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. [DPMC request email] w. pmc.gov.au 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.
-----Original Message-----
From: Trav S <[FOI #7986 email]>
Sent: Friday, 26 November 2021 10:21 PM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request - Notice of
intent to consider a vexatious declaration application
Dear PMC
We have no confidence in your department’s willingness to provide truthful
unbiased advice to government on this matter. However you will understand
we are required to request an internal review before we can request an
external review. Therefore please accept our internal review request.
We will be grateful if you will take the following information into
consideration.
1. We contend the public interest factors favour disclosing all
conditionally exempt material, except the names and addresses of members
of the public.
2. The integrity of the HOSM and its associated processes is in doubt as
a result of your department's actions and omissions. We have inquired
into less than 10% of the HOSM eligible operations and FOI documents
reveal alarming errors in assessments and advice to government.
3. We note your department’s unwillingness to accept reasonable public
scrutiny and requests for external review of decisions that are clearly
affected by an apparent bias. This is at odds with good governance and
the values your department purports to uphold.
4. Your department obstructs reasonable FOI requests from affected
members of the public seeking to reasonably and respectfully scrutinise
your department’s decision making.
5. In 2004 your department failed to consult with relevant stakeholders
they ought to have consulted with before the HOSM declaration for Iraq was
drafted and promulgated. Despite this, your department advises
government they consult all relevant stakeholders.
6. In 2009 your department failed to inform government that the GE
contingent included commercial security contractors. They were rightly
awarded the HOSM. The assistant secretary was informed of this but it is
unclear if he informed his superiors in accordance with his duty to do so.
7. In 2012 your department provided a written agreement to AusAID that
your department may have dishonoured. The assistant secretary may have
taken it upon themselves to make a ministerial policy decision that was
the Minister's to make.
8. In 2013 the assistant secretary provided unsubstantiated and
manifestly unreasonable information to government. They also withheld
written agreements and materially relevant documents that should have been
included in their brief.
9. At least 3 senior executive service public servants in your department
has been informed of substantial matters that appear to warrant
investigation but nothing has happened.
10. Your department conflates legislative instruments and makes
statements that are not supported by facts.
11. In matters related to this case, your department operates more like a
cabal than a transparent government department.
As noted, we have no confidence in your department’s willingness to
provide truthful unbiased advice to government on this matter. Regrettably
the integrity of the HOSM and its associated processes is doubt.
Thank you for your time. Have a great weekend.
Yours sincerely,
Trav S
-----Original Message-----
OFFICIAL
Please find attached a decision letter and documents released to you in
regard to your FOI Request FOI/2021/266.
Kind regards
FOI Advisor
FOI and Privacy Section | Legal Policy Branch
Government Division | Department of the Prime Minister and Cabinet
FOI Team (02) 6271 5849
[DPMC request email]
[5]www.pmc.gov.au
One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7986 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:
[6]https://www.righttoknow.org.au/help/offi...
Please note that in some cases publication of requests and responses will
be delayed.
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 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. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
5. http://www.pmc.gov.au/
6. https://www.righttoknow.org.au/help/offi...
OFFICIAL
FOI/2021/266IR
Dear Trav S
Please see attached a decision on your internal review 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...