Record of alleged telephone call from [Officer of the Department] to Entrepreneurs' Programme 'subject matter expert'

Ellie (Account suspended)

On 15 September 2020 in an email response to Mr Menzies with respect to his 13 September 2020 FOI request for a report, Mr [Officer of the Department] (senior legal counsel) advised that the request is invalid since it would entail the creation of 'new documents'.

On 1 October 2020 in an email response to myself with respect to his 15 September 2020 advice, Mr [Officer of the Department] elaborated as to his reasoning, advising that the request is invalid since the department lacks a dataset from which it can create a report (alas, to create a special-purpose dataset would constitute the creation of a new document).

During a teleconference with myself on 2 October 2020 at 2:30PM, Mr [Officer of the Department] alleged that he knows the dataset doesn't exist since he had "called the line area" with respect to the FOI request to speak to "subject matter experts" who advised him that no such dataset exists.

You may verify Mr [Officer of the Department]'s statement from the full teleconference transcript furnished on 5 October 2020 for his perusal and upon his request. For reference, his allegations are found under paras 117-120.

I REQUEST documents containing the telephone record(s) of the call(s) Mr [Officer of the Department] purports to have made to the line area, with the date(s), time(s) and length(s) of the call(s), including the destination telephone number(s) and the name(s) of the subject matter expert(s) if available.

Faithfully,
Ellie

Freedom of Information, Department of Industry, Science, Energy & Resources

1 Attachment

  • Attachment

    Freedom of Information request Record of alleged telephone call from Officer of the Department to Entrepreneurs Programme subject matter expert.txt

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Dear Ellie

 

We refer to the attached Freedom of Information request received by the
Department of Industry, Science, Energy and Resources (the department) on
9 October 2020.

 

For documents that fall within the scope of the request, it is the
department’s policy to withhold:

 

·       the names, signatures and contact details of departmental staff
who are not in the Senior Executive Service (SES);

·       the mobile phone numbers of SES officers; and

·       the names, signatures and contact details of ministerial staff
below the level of Chief of Staff.

 

The names and other details of SES officers will be released unless the
information is exempt from disclosure.

 

If you require the names or contact details listed above, please let us
know by return email at [1][email address], otherwise we will consider
that you agree to that information being excluded from the scope of your
request.

 

Personal Information

In relation to third parties and other Commonwealth staff, to enable more
timely and cost effective processing of your request, please confirm the
scope of your request excludes 'personal information' (e.g. the names and
contact details of any individuals, or any information that could
reasonable identify an individual) contained in documents.

 

If you are seeking access to specific types of personal information,
please clarify.

 

We look forward to your response at your earliest convenience but no later
than 26 October 2020.

 

If you have any questions, please contact the FOI team.

 

Regards

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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Ellie (Account suspended)

I require the names of all APS staff - below, at, and above SES level.

In relation to personal information, I require the names of APS staff, however, I don't require any contact details.

I don't require any details that would identify third parties (names or otherwise).

Faithfully,
Ellie

Ben Fairless left an annotation ()

Right to Know has been contacted by the Department of Industry, Science, Energy and Resources in relation to this request.

We have hidden the names of an Officer of the Department at the request of the Department.

We feel that it's appropriate for the contents of the request to remain, however have agreed with the Department to hide the name in question.

Any questions in relation to can be directed to contact@righttoknow.org.au.

Freedom of Information, Department of Industry, Science, Energy & Resources

1 Attachment

Dear Ellie

 

Please find attached correspondence in relation to your FOI request of 9
October 2020.

 

Should you have any queries regarding this matter, please contact the FOI
team.

 

Regards

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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Ellie (Account suspended)

I am writing to request an internal review of the Department's handling of my FOI request "Record of alleged telephone call from Mr [Officer of the Department] to Entrepreneurs' Programme subject matter expert".

I object to the decision since it's within means of the Department to identify specific telephone records by liaising with Mr [Officer of the Department] who personally managed the relevant FOI request and clarifying:
(1) whether he had used his landline telephone (number ending with 397) when he made the alleged call; and/or
(2) the Department telephone number he had dialled when he made the alleged call; and/or
(3) the names of 'subject matter experts' in the Entrepreneurs' Programme he had purportedly dialled.

Since the alleged phonecall had to have been made between 13 Sep 2020 11:21 AM (FOI request by Mr Menzies) and 15 Sep 2020 12:16 PM (FOI refusal by Mr [Officer of the Department]):
- in case of (1) above, you will be able to identify outgoing calls from a specific landline over a 48-hour time-period;
- In case of (2) above, you will be able to identify incoming calls to a specific landline over a 48-hour time-period; and
- in case of (3) above, you will be able to complete this process by liaising with the 'subject matter experts' instead.

Please rely on (2) in a scenario where Mr [Officer of the Department] claims to have ducked out to use a nearby telephone booth.

Finally, please rely on (3) in a scenario where Mr [Officer of the Department] declines to 'use his eyes and brains' as was the case in his objection to Mr Menzies FOI request.

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

Faithfully,
Ellie

Freedom of Information, Department of Industry, Science, Energy & Resources

1 Attachment

  • Attachment

    CM Internal review of Freedom of Information request Record of alleged telephone call from Officer of the Department to Entrepreneurs Programme subject matter expert.txt

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Dear Ellie

 

I confirm receipt of your internal review request received 11 November
2020.

 

A different decision maker will be appointed for your FOI matter.

 

The current due date for the internal review decision is on or before 11
December 2020.

 

Regards

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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Freedom of Information, Department of Industry, Science, Energy & Resources

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