Dear Federal Court of Australia,

This is a request for documents.

This is a request for documents under the FOI Act.

I refer to the following articles published in the Australian on 8 and 10 February 2022 respectively:

Untried lawyers score key positions; and
Top judge warned of registrar overhaul.

Please provide access to any and all documents setting out correspondence (including emails), either sent to or received by, each of Sia Lagos, David Pringle and Andrea Jarratt between 1 April 2018 and 1 April 2019 in relation to the male legal case manager referred to in “Untried lawyers score key positions” who was engaged in or promoted to the role of National Registrar.

In particular, I would like access to any and all correspondence about the male National Registrar’s appointment to office of registrar under the Federal Court of Australia Act 1976 and directions issued to him under that Act to “preside in court”.

Please also provide access to any and all documents setting out correspondence (including emails), either sent to or received by, each of Sia Lagos, David Pringle and Andrea Jarratt between 1 April 2018 and 1 April 2019 in relation to the “most senior registrar in Queensland” who “ended up in a lower position” (the registrar who Justice Greenwood stood up for).

Documents may be provided in digital format by return email.

Yours faithfully,

Alex

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Alex

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Alex

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Dear Ms Henderson,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Federal Court of Australia's handling of my FOI request 'Request for correspondence - Recruitment in the Federal Court'.

Your reliance on conditional exemptions set out in ss 47E (c) and (d) are without basis.

You know that you cannot rely on those conditional exemptions because:

a) in the case of section 47E(c), that conditional exemption only applies to the lawful management or assessment of personnel by the Commonwealth or an agency; and

b) in the case of section 47E(d), that conditional exemption only applies to the proper and efficient conduct of the operation of an agency.

The documents you have refused to provide access to evidence unlawful activities on the parts of Ms Lagos, David Pringle and Andrea Jarratt. To the extent that they do evidence unlawful activities, their release would not, or could not reasonably be expected to, have a substantial adverse effect on the operations of the Federal Court or the Commonwealth as you so claim.

The documents may contain deliberative content, but there is no public interest in refusing disclosure of documents that evidence unlawful activities on the parts of Ms Lagos, David Pringle and Andrea Jarratt. On the contrary, it is in the public interest to grant access to such documents, especially when one takes into account the purposes of the FOI Act.

It is public information that Sia Lagos, David Pringle and Andrea Jarratt conspired to promote an unmeritorious candidate who did not meet essential criteria for the national registrar role ahead of meritorious candidates.

It is public information that Sia Lagos conspired to deny Murray Belcher lawful promotion to the Senior Executive Service of the Australian Public Service, even though he was selected for an SES Band 1 role on his merits. Justice Greenwood of the Federal Court has intimated as much.

The context in which these documents have come into existence cannot be divorced from the documents. Nor can that context be divorced from your decision. Despite this fact, you have attempted to make your decision in a contextual vacuum. That has affected the correctness and lawfullness of your decision.

As to the personal information conditional exemption - the identities of the culprits are known. They are Sia Lagos, Andrea Jarratt, David Pringle and Warwick Soden.

The identity of the "most senior registrar in Queensland" is also known. It is Murray Belcher.

The identity of the national registrar has also been narrowed down. It is either Adam Bundy or Rohan Muscat, although the preponderance of evidence will suggest that it is the latter.

There is no public interest is denying access to documents with personal information redacted when the identities of the parties are now known.

Finally, you have not adverted, in your list of documents, to the directions instrument that was issued by a Federal Court judge to the national registrar upon his becoming a national registrar. In my FOI request I asked for any and all correspondence about the male national registrar ... AND directions issued to him under the Federal Court of Australia Act to preside in Court.

You know as well as I that such an instrument exists. A copy of it can still be found in courtroom 19C of the New South Wales District Registry of the Federal Court and anybody is able to request a copy of the instrument in the Registry to determine if a registrar has exercised their powers according to law (or within jurisdiction). Please ensure that the internal reviewer adverts to this document. Just so that we are on the same page, it is a section 35A(1) instrument with the names of the registrars of the Federal Court listed on it, including the names of Adam Bundy and Rohan Muscat. From memory, it is about 20 - 25 pages long and has been signed by Chief Justice Allsop.

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,

Alex

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Alex

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Alex

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Federal Court of Australia

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49264618-2651
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49264618-2651

To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
 
 
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
 
 
Note: Please do not reply to this auto-generated email.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Federal Court of Australia

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49264618-2651
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49264618-2651

To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
 
 
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
 
 
Note: Please do not reply to this auto-generated email.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Dear Mr Tredwell,

I note, for your information, that I have applied for review of your decision by the Information Commissioner.

In your letter of decision you said:

"You make a number of unsubstantiated allegations within your request for internal review relating to purported unlawful activities, whilst suggesting that the exemption under s 47E(c) cannot apply because it only applies to the lawful management or assessment of personnel by the Commonwealth or an agency.

I note that no evidence or other supportive material was provided with respect to the allegations of unlawfulness. I am not persuaded by unsubstantiated allegations of wrongdoing or unlawfulness."

I think you will find that those comments were a strategic blunder.

Yours faithfully,

Alex

Federal Court of Australia

1 Attachment

Our reference: MR22/00955

 

By email: [FOI #8570 email]

Receipt of your IC review application  

Thank you for your application for Information Commissioner Review (IC
review).

The Office of the Australian Information Commissioner (OAIC) is
considering your application.

If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR22/00955.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

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