Politically motivated corruption at DFAT
Dear Department of Foreign Affairs and Trade (DFAT),
I refer to the Information Commissioner’s (IC’s) decisions in:
- William Summers and Department of Foreign Affairs and Trade (Freedom of information) [2024] AICmr 5 (11 January 2024)
- Paul Farrell and Department of Foreign Affairs and Trade (Freedom of information) [2024] AICmr 28 (12 February 2024)
where the IC found that DFAT officers illegally refused access to documents concerning the political and pecuniary interests of members of the Liberal Party.
Under the FOI Act, I seek copies of the documents, DFAT officers refused access to that were the subject of those two IC review decisions and that the IC ordered DFAT provide to the IC review applicants for those IC decisions. I consent to redactions being made to those documents only to the extent consistent with the IC’s decisions.
Yours faithfully,
Lynne
OFFICIAL
Dear Lynne
Thank you for your request.
The department notes the following:
Documents have been released to the applicant in William Summers and Department of Foreign Affairs and Trade (Freedom of information) [2024] AICmr 5 (11 January 2024)("Summers").
With regard to Paul Farrell and Department of Foreign Affairs and Trade (Freedom of information) [2024] AICmr 28 (12 February 2024), the period in which parties can appeal OAIC's decision to the Administrative Affairs Tribunal has not yet been made; as such, no documents have yet been released. If no decision to appeal is made, the documents will be published on the department's disclosure log.
It will be procedurally easier for us and provider faster access for you if we release the documents in Summers administratively (i.e. outside the structures of the FOI Act) as doing so will not require us to formally make a decision about those documents. If you withdraw your FOI request and provide us with an alternative email address, we will release the Summers documents to you.
We would be grateful for a response by COB 18 March 2024.
Kind regards
DFAT FOI Team
_______________________________
Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
dfat.gov.au | Twitter | Facebook | Instagram | LinkedIn
© Kim Hill, Among Women (2011)
We acknowledge the Traditional Custodians of Country throughout Australia, and their continuing connection to land, waters and community. We pay our respects to all First Nations peoples, their cultures and to their Elders, past, present and emerging.
Dear FOI
In respect of Paul Farrell and Department of Foreign Affairs and Trade (Freedom of information) [2024] AICmr 28 (12 February 2024), the prescribed time within which the parties could make application to the AAT, to have the IC’s decision reviewed, has expired and no such application has been made.
In respect of William Summers and Department of Foreign Affairs and Trade (Freedom of information) [2024] AICmr 5 (11 January 2024) (‘Summers’), there’s no legal basis upon which you can request or require, that I provide different contact details to those already provided. Furthermore, there’s no legal basis upon which a DFAT decision-maker could arrive at a decision different to that arrived at by the IC. As for it being ‘procedurally easier’ to not have to make a decision, I disagree. The decision-maker can simply adopt, and incorporate by reference, the reasoning of the IC in Summers and then cut and paste the proforma review text. If it assists, I’d be happy to prepare a draft decision for a DFAT decision maker to sign off.
At this juncture, it seems appropriate to remind you of your obligations under the Public Service Act 1999. In particular, your obligation to conduct yourself apolitically, accountably, with honest and integrity. Any failure on your part to comply with the obligations imposed on you by the Public Service Act 1999 and/or the FOI Act 1982 constitutes disclosable conduct for the purposes of the Public Interest Disclosure Act 2013. I will not hesitate to lodge a public interest disclosure with the Principal Officer of DFAT if you continue to acquit your role as if you’re running a public relations consultancy for the Liberal Party.
Yours sincerely,
Lynne
OFFICIAL
Dear Lynne
The documents you have requested from Paul Farrell and Department of
Foreign Affairs and Trade (Freedom of information) [2024] AICmr 28 (12
February 2024) are now available on our disclosure log here:
[1]dfat-foi-lex820.pdf
The document you have requested from William Summers and Department of
Foreign Affairs and Trade (Freedom of information) [2024] AICmr 5 (11
January 2024), is attached to this email.
The William Summers’ document is not published on DFAT’s disclosure log
because DFAT considers that publication would be an unreasonable
disclosure of the personal information of attendees. The document contains
a significant amount of personal information, including the gender,
occupation, and relationship status of attendees. Under section 11C(1)(a)
of the Freedom of Information Act 1982, the department is not required to
publish personal information where it would be unreasonable to do so.
As you have now received these documents, can you please advise whether
you wish to withdraw your FOI request for the same document?
Thank you and kind regards
DFAT FOI Team
_______________________________
Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
[2]dfat.gov.au | [3]Twitter | [4]Facebook | [5]Instagram | [6]LinkedIn
© Kim Hill, Among Women (2011)
[7]We acknowledge the Traditional Custodians of Country throughout
Australia, and their continuing connection to land, waters and community.
We pay our respects to all First Nations peoples, their cultures and to
their Elders, past, present and emerging.