Rephrasing initial submission - Teacher protection to PUBLIC sector employee information

C Harris made this Freedom of Information request to Department of Education

The request was partially successful.

From: C Harris

Delivered

Dear Department of Education,
My apologies, the link sent did not bring up an email address, so am sending again.
Rephrasing the initial request.
1. Do you have a document which states the roles and responsibilities of Principals and administrators in Australian schools?
2. Do you have a document which states the individual state requirements / expectations?
3. Do you have documents which specify the rights of public employees in relation to meetings and recordings of?
4. Do you have documentation in regards to communications in the public sector and how they can be utilised/deleted/Right to FOI?
5. Do you have documentation in regards to FOI documentation that has been blacked out? What rights does a person have whose name is included in such communications?
6. Do you have documentation, clearly defined information, noting the policies and procedures of, in particular, the Education body of the government, which stipulates assistance for public sector employees?

Yours faithfully,
C.Harris

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From: Education - FOI
Department of Education

 

You have contacted the Freedom of Information Team at the Commonwealth
Department of Education.  If your email relates to an FOI application made
under the Freedom of Information Act 1982 (Cth), the department will
respond as soon as possible.

This email address is only for applications for documents under the FOI
Act.  The department is unable to respond to non-FOI related enquiries
sent to this email address, and accordingly, emails sent to this email
address which are not FOI related will not be responded to or forwarded.
If you have a non-FOI related enquiry for the department, you can contact
the department by using the [1]online enquiry form. 

 

Regards,

 

Freedom of Information Team

Commonwealth Department of Education and Training

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.education.gov.au/node/2600

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From: Education - FOI
Department of Education

Dear C Harris

 

We acknowledge receipt of your email dated 19 March 2019.  As previously
advised, in order to constitute a valid FOI request, a request must seek
access to identifiable documents rather than asking questions.  While we
appreciate that you have rephrased your request, it remains in the form of
a series of questions and is therefore not a valid FOI request.

 

While your email below does not constitute a valid FOI request, we have
endeavoured to provide answers to your questions outside of the Freedom of
Information Act 1982 (FOI Act) in order to assist you.

 

Your questions 1, 2, 3 and 6

 

We understand from your emails dated 16 March 2019 and 19 March 2019 that
you are interested in various policy and procedural documents in relation
to teachers, principals and administrators in State and Territory public
schools.  In this context, we have interpreted the questions in your email
below to relate to public schools.  As previously advised, the department
does not hold documents relating to teachers, principals or school
administrators, as the administration and operation of schools is a state
or territory responsibility.   I am advised that the department therefore
does not hold:

 

·         documents which state the roles and responsibilities of
principals and administrators in Australian schools (your question 1)

·         documents which state the individual State
requirements/expectations [in relation to principals and administrators]
(your question 2)

·         documents which specify the rights of public employees [in
schools] in relation to meetings and recordings [of meetings] (your
question 3)

·         documentation noting the policies and procedures which stipulate
assistance for public sector employees [in public schools] (your question
6).

 

As previously advised, you may wish to direct your enquiries to the
relevant State and Territory Departments of Education who may hold
documents in relation to your questions. 

 

Your questions 4 and 5

 

Your question 4 asks whether the department has “documentation in regards
to communications in the public sector and how they can be
utilised/deleted/Right to FOI”.  Your question 5 asks if the department
has “documentation in regards to FOI documentation that has been blacked
out?  What rights does a person have whose name is included in such
communications?”.

 

As we have previously advised, extensive information regarding
Commonwealth departmental record keeping requirements, including in
relation to the deletion of documents, is available on the National
Archives of Australia website at [1]www.naa.gov.au.

 

In response to your question 5, it is unclear exactly what you are asking,
however, as a general comment, the FOI Act allows for the redaction (or
“blacking out”) of material which is exempt or irrelevant to a request. 
The FOI Act also sets out a consultation process to be followed where
documents contain information affecting personal privacy (amongst other
things).   

 

If you would like further information in regard to the FOI process, you
may wish to review the various fact sheets, guidelines and frequently
asked questions published on the Office of the Australian Information
Commissioner’s website at [2]www.oaic.gov.au.

 

We hope this information is of assistance to you.  As you have not
currently made a valid FOI request, we will not be processing your request
any further.  However, if you wish to proceed with an FOI request to the
Commonwealth Department of Education and Training, please provide your
revised request to the following address: [3][email address].  While
the wording of your request is a matter for you, you may wish to consider
phrasing your request in the form of “Under the Freedom of Information Act
1982, I request access to …” and specify the documents you wish to
request.

 

If you have any questions in relation to this matter, please send your
query to [4][email address].

 

Kind regards

 

FOI Team

Department of Education and Training

 

 

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Things to do with this request

Anyone:
Department of Education only: