Report on the operations of APSC
Dear Australian Public Service Commission,
I refer to a freedom of information decision issued by an official in the Office of the Commonwealth Ombudsman in December 2023:
https://archive.org/download/foi-2023-10....
In response to a request for access to a report setting out feedback provided to the Australian Public Service Commission, an official in the Office of the Commonwealth Ombudsman identified an eight page document dated 15 December 2022.
According to the decision maker, the “document located and within the scope of your request includes the Office’s findings, comments and suggestions relating to an investigation, communicated to an agency under s 12(4) of the Ombudsman Act 1976.”
Subsection 12(4) of the Ombudsman Act 1976 (Cth) provides that the “Ombudsman may, if he or she thinks fit, furnish comments or suggestions with respect to any matter relating to or arising out of an investigation by him or her to any Department, body or person other than a Department, body or person to which or to whom he or she has furnished a report under section 15 relating to that matter or to matters that include that matter.”
Under the Freedom of Information Act 1982 (Cth), I request access to the report issued from the Office of the Commonwealth Ombudsman, dated 15 December 2022, which “includes the Office’s findings, comments and suggestions relating to an investigation, communicated to [the Australian Public Service Commission].”
Yours faithfully,
Cynthia T
OFFICIAL
Dear Cynthia,
Thank you for your email submitting a request for access to documents
held by the Australian Public Service Commission (the Commission).
We note that the documents advised in your request are the same or largely
similar to documents that is currently the subject of an IC review that
you have notified us that you have submitted.
Kind regards
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
w: [1]www.apsc.gov.au
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This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
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,
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must not review, copy, disseminate or disclose its contents to any other
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References
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Dear FOI officer,
Thank you for your email confirming receipt of my FOI request of 13 February 2024.
In your email you have stated "we note that the documents advised in your request are the same or largely similar to documents that is currently the subject of an IC review" but the fact is that two SES employees in the APSC have said, in response to my FOI request for access to any reports on the operations of the Australian Public Service Commission given during the 2022-2023 financial year by the Commonwealth Ombudsman, that there are no documents that exist.
Contrary to your statement, my IC review application is about Samantha Montenegro's claim that “all reasonable steps have been taken to find documents within the scope of your request, and … no such documents falling within scope were found”: https://www.righttoknow.org.au/request/1.... Ms Montenegro's claim, which I believe to be false, is the subject of my IC review request. Her inadequate searches are the subject of my IC review request.
I remind you that both Melanie McIntyre and Samantha Montenegro found, as part of their statutory duties under the FOI Act and in response to my request for access to any reports on the operations of the Australian Public Service Commission given during the 2022-2023 financial year by the Commonwealth Ombudsman, that “all reasonable steps have been taken to find documents within the scope of your request, and … no such documents falling within scope were found”: https://www.righttoknow.org.au/request/1... https://www.righttoknow.org.au/request/1....
I expect to receive a lawful decision in response to my FOI request of 13 February 2024 from an official in the APSC within the statutory timeframe.
Yours sincerely,
Cynthia T
OFFICIAL
Dear Cynthia
Please see attached decision notice in relation to your FOI request.
Kind regards
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
w: [1]www.apsc.gov.au
[2]three hexagons[3]twitter icon [4]facebook
icon
This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
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. http://www.apsc.gov.au/
3. https://twitter.com/PublicServiceAU
4. https://www.facebook.com/AusPublicService/
Dear SM,
Please pass this to the person who conducts Freedom of Information reviews.
I request an internal review of your handling of my FOI request 'Report on the operations of APSC' on all ground. The reasons for decision are marred by both factual and legal errors. The legal errors extend to relying on irrelevant authorities.
I note that paragraph 26(1)(b) of the FOI Act 1982 (Cth) provides that where, in relation to a request, a decision is made relating to a refusal to grant access to a document in accordance with the request or deferring provision of access to a document, the decision‑maker shall cause the applicant to be given notice in writing of the decision, and the notice shall, where the decision relates to a document of an agency, state the name and designation of the person giving the decision.
"SM" is not a name; they are initials. Please ensure that the person who conducts the internal review decision provides his or her name and designation as required by law.
It's also worth noting that paragraph 26(1)(b) is informed by a constitutional imperative. Specifically, all people must be capable of bringing an application under section 75 of the Constitution against officers of the Commonwealth. Without identifying yourself, you would be seeking to subvert that entrenched constitutional right. The High Court has clearly and repeatedly identified the significance of section 75 of the Constitution to the concept of legality in Australia.
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...
Yours faithfully,
Cynthia T
OFFICIAL
Good morning Cynthia,
The Australian Public Service Commission (the Commission) is writing to acknowledge receipt of your request for internal review under the Freedom of Information Act 1982 (FOI Act).
The timeframe for responding to your internal review request is 30 days from the date of receipt. This timeframe for internal review may be extended in very limited circumstances. You will be notified if these circumstances arise and the timeframe is extended.
Please note that there is a new LEX number for your internal review request. All correspondences will be referred under LEX 872.
Kind regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
This email and any attachments may contain confidential or legally privileged information, and neither are waived or lost if the email has been sent in error. If you have received this email in error, please delete it (including any copies) and notify the sender. Please consult with APSC Legal Services before using disclosing any part of this email or attachments to a third party.
OFFICIAL
Dear Cynthia
Please find attached decision notice.
Kind regards
Melanie.
Melanie McIntyre (she/her)
General Counsel
Australian Public Service Commission