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Request for reports prepared by Commonwealth Ombudsman under s 76 of PID Act

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Dear Commonwealth Ombudsman,

Section 76(1) of the Public Interest Disclosure Act 2013 (Cth) (PID Act) provides:

The Ombudsman must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to Parliament, a report on the operation of this Act during that financial year.

Section 76(2)(a) of the PID Act provides:

The report must include:

(a) in relation to each agency, statements of the following:

(i) the number of public interest disclosures received by authorised officers of the agency during the financial year;
(ii) the kinds of disclosable conduct to which those disclosures relate;
(iii) the number of disclosure investigations that the principal officer of the agency conducted during the financial year;
(iv) the actions that the principal officer of the agency has taken during the financial year in response to recommendations in reports relating to those disclosure investigations …

In respect of the following agencies:

a) the Australian Taxation Office, and
b) the Department of Home Affairs, and
c) the Administrative Appeals Tribunal, and
d) the Attorney-General’s Department, and
e) the Australian Public Service Commission, and
f) the Department of Finance, and
g) the Office of the Commonwealth Ombudsman,

I request copies of the reports for the 2019-2020 and 2020-2021 financial years PREPARED BY THE COMMONWEALTH OMBUDSMAN for presentation to the Parliament under s 76 of the PID Act such that the reports include, in relation to EACH AGENCY identified from (a)-(g), statements of the following (in accordance with s 76(2)(a) of the PID Act):

(i) the number of public interest disclosures received by authorised officers of the agency during the financial year; and
(ii) the kinds of disclosable conduct to which those disclosures relate; and
(iii) the number of disclosure investigations that the principal officer of the agency conducted during the financial year; and
(iv) the actions that the principal officer of the agency has taken during the financial year in response to recommendations in reports relating to those disclosure investigations.

This request for the reports prepared by the Ombudsman is made under s 15 of the FOI Act. Please provide the reports to me by email to the Right to Know website.

Yours faithfully,

Marek

Dear Commonwealth Ombudsman,

Could you acknowledge receipt of this request under the FOI Act? It's been more than 14 days.

Yours faithfully,

Marek

Information Access, Commonwealth Ombudsman

1 Attachment

OFFICIAL

 

Dear Marek

 

I attach my response to your email dated 6 March 2022.

 

Yours sincerely

 

 

Gregory Parkhurst

Senior Legal Officer | Legal Team

Commonwealth Ombudsman

Ph: 1300 362 072 | Fax: 02 6276 0123

email: [1][CO request email]

 

 

 

The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.

show quoted sections

References

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1. mailto:[CO request email]

Dear Mr Parkhurst,

I refer to your letter of 28 March 2022 (ref: 2022-102165).

In that letter you state:

The Commonwealth Ombudsman’s reporting obligations under the Public Interest Disclosure Act 2013 (the PID Act) form part of the Commonwealth Ombudsman’s annual reports. The Commonwealth Ombudsman’s annual reports are available on the Ombudsman’s website at: Annual Reports - Commonwealth Ombudsman. For the 2020-2021 financial year, the Commonwealth Ombudsman’s report on the operation of the Public Interest Disclosure Scheme is provided at Part 4 of the annual report. Appendix 8 contains information about the disclosures received, the types of disclosable conduct alleged, the number of disclosure investigations, and the actions taken in response to recommendations.

As you have requested access to publicly available documents, and the FOI Act does not apply to publicly available documents, I have provided this response to you outside the FOI Act.

I requested access to the reports that the Ombudsman must, as soon as practicable after the end of each financial year, prepare and give to the Minister, for presentation to Parliament, which contain, in relation to each agency, statements of the following:

(i) the number of public interest disclosures received by authorised officers of the agency during the financial year;
(ii) the kinds of disclosable conduct to which those disclosures relate;
(iii) the number of disclosure investigations that the principal officer of the agency conducted during the financial year;
(iv) the actions that the principal officer of the agency has taken during the financial year in response to recommendations in reports relating to those disclosure investigations.

I requested access to the reports from the 2019-2020 and 2020-2021 financial years, and I requested that the reports contain the information set out in (i)-(iv) in respect of the following agencies:

a) the Australian Taxation Office, and
b) the Department of Home Affairs, and
c) the Administrative Appeals Tribunal, and
d) the Attorney-General’s Department, and
e) the Australian Public Service Commission, and
f) the Department of Finance, and
g) the Office of the Commonwealth Ombudsman.

Your response only attempts to address one of the reports – namely, the 2020-2021 financial year report. You have not attempted to address the 2019-2020 financial year report.

Also, the report you have directed me to does not address the terms of my request. I requested access to reports (plural):

• prepared under s 76 of the PID Act; and
• prepared for the 2019-2020 and 2020-2021 financial years; and
• that contained statements of the following:

- the number of public interest disclosures received by authorised officers of the agency during the financial year; and
- the kinds of disclosable conduct to which those disclosures relate; and
- the number of disclosure investigations that the principal officer of the agency conducted during the financial year; and
- the actions that the principal officer of the agency has taken during the financial year in response to recommendations in reports relating to those disclosure investigations; and

• that set out the statements in relation to EACH of the following agencies:

- the Australian Taxation Office, and
- the Department of Home Affairs, and
- the Administrative Appeals Tribunal, and
- the Attorney-General’s Department, and
- the Australian Public Service Commission, and
- the Department of Finance, and
- the Office of the Commonwealth Ombudsman.

Part 4 of the Ombudsman’s Annual Report and Appendix 8 of that Annual Report do not address the terms of my request.

Either there are reports prepared by the Ombudsman that address the terms of my request (which terms are lifted verbatim from the PID Act) or there are not.

If the reports exist, please provide them. If they do not, please provide a response to that effect pursuant to s 24A of the FOI Act.

Your claim that I have requested access to publicly available documents is nonsense to the extent that you are suggesting that Part 4 of the Ombudsman Annual Report and Appendix 8 of that Annual Report address the terms of my request.

My request was made under section 15 the FOI Act on 6 March 2022. I expect a response pursuant to the FOI Act by the end of 5 April 2022. If I do not receive a response, I will apply for IC review on the basis that a deemed refusal decision was made personally by the Ombudsman.

Yours sincerely,

Marek

Commonwealth Ombudsman

1 Attachment

Our reference: MR22/00549

 

By email: [FOI #8563 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 MR22/00549.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

show quoted sections

Commonwealth Ombudsman

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-47969183-2377
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-47969183-2377

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]

Commonwealth Ombudsman

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-47969183-2377
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-47969183-2377

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 Commonwealth Ombudsman,

I have applied for IC review on the ground of a deemed refusal decision made personally by the Commonwealth Ombudsman. The IC review reference is MR22/00549.

I look forward to receiving an FOI decision according to law.

Yours faithfully,

Marek

Information Access, Commonwealth Ombudsman

2 Attachments

OFFICIAL

 

OFFICIAL

 

 

Dear Marek,

 

Please see attached correspondence.

 

Kind regards,

 

Sine Dellit

 

Senior Legal Officer | Legal Team

Commonwealth Ombudsman

Ph: 1300 362 072 | Fax: 02 6276 0123

Email: [1][CO request email]

 

[2][IMG]

Influencing systemic improvement in public administration

 

The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.

 

 

 

The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.

show quoted sections

References

Visible links
1. mailto:[CO request email]
2. https://aus01.safelinks.protection.outlo...

OAIC - FOI DR,

5 Attachments

OFFICIAL: Sensitive

OAIC reference: MR22/00549
Agency reference: 2022-102165

Mr Marek Paderewski

By email: [1][FOI #8563 email]

Your IC review application about the Commonwealth Ombudsman

Dear Mr Paderewski

I write to you regarding your application for Information Commissioner
review (IC review) of a decision the Commonwealth Ombudsman (COMBO) was
deemed to have made on 5 April 2022.

On 20 May 2022, COMBO notified the Office of the Australian Information
Commissioner (the OAIC) it had made a substantive decision to refuse your
FOI request.

Can you please notify us by 7 June 2022, if you now wish to:

o Withdraw the IC review application, or
o Proceed with the IC review application, including submissions about
the grounds on which you wish to proceed.

I note that s 54W(a)(ii) of the FOI Act provides that the Information
Commissioner may decide not to undertake an IC review where an applicant
fails to cooperate in progressing an IC review application without
reasonable excuse. Should we not receive a response from you to this email
by 7 June 2022, your IC review application may be finalised by a delegate
of the Information Commissioner under s 54W(a)(ii).

If you have any questions, please contact me via email at
[2][email address]. Please quote OAIC reference number at the top of
this email in all correspondence.

Yours sincerely

 

Alistair B

[3][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

1300 363 992  |  [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

 

 

OFFICIAL: Sensitive

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

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1. mailto:[FOI #8563 email]
2. mailto:[email address]
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5. mailto:[email address]
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CLARKE,Jasmin,

6 Attachments

Our reference: RQ22/01910

Agency reference: 2022-102165

Marek

By email: [1][FOI #8563 email]

Extension of time under s 54D

Dear Marek

 

Please find attached a decision of today’s date for an extension of time
from the Commonwealth Ombudsman.

 

The OAIC will contact you separately regarding your IC review
(MR22/00549).

 

Kind regards,

 

Jasmin Clarke

[2][IMG]   Intake and Early Resolution Team

Freedom of Information

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

1300 363 992  |  [4][email address]
[5][IMG] | [6][IMG] | [7][IMG] |   [8]Subscribe to OAICnet newsletter

 

 

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. mailto:[FOI #8563 email]
2. https://aus01.safelinks.protection.outlo...
3. https://aus01.safelinks.protection.outlo...
4. mailto:[email address]
5. https://aus01.safelinks.protection.outlo...
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OAIC - FOI DR,

5 Attachments

OFFICIAL: Sensitive

 

OAIC reference: MR22/00549
Agency reference: 2022-102165

Mr Marek Paderewski

By email: [1][FOI #8563 email]

Your IC review application about the Commonwealth Ombudsman

Dear Mr Paderewski

I write to you regarding your application for Information Commissioner
review (IC review) of a decision the Commonwealth Ombudsman (Ombudsman)
was deemed to have refused, and to our email of 24 May 2022.

On 20 May 2022, the Ombudsman provided a decision to you on your FOI
request.

On 24 May 2022, we wrote to you seeking your advice on whether you wished
to proceed or withdraw your IC review. In that correspondence we requested
you respond by 7 June 2022. The OAIC does not appear to have received a
response from you.

In light of the above and in order to progress your IC review, can you
please advise if you would like to proceed or withdraw your request for IC
review? Please provide a response by 30 June 2022.

Intention to finalise IC review

Please note that s 54W(a)(ii) of the FOI Act provides that the Information
Commissioner may decide not to undertake an IC review where an applicant
fails to cooperate in progressing an IC review application without
reasonable excuse. Should we not receive a response from you to this email
by 30 June 2022, your IC review application will be finalised by a
delegate of the Information Commissioner under s 54W(a)(ii).

If you have any questions regarding this email please contact us at
[2][email address]. Please quote OAIC reference number at the top of
this email in all correspondence.

Kind regards

 

Tania Strathearn

[3][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

1300 363 992 [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

 

 

 

 

 

OFFICIAL: Sensitive

From: OAIC - FOI DR
Sent: Tuesday, 24 May 2022 11:27 AM
To: [FOI #8563 email]
Subject: MR22/00549 – IC Review – Confirmation of Intention to Proceed

 

OFFICIAL: Sensitive

 

OAIC reference: MR22/00549
Agency reference: 2022-102165

Mr Marek Paderewski

By email: [10][FOI #8563 email]

Your IC review application about the Commonwealth Ombudsman

Dear Mr Paderewski

I write to you regarding your application for Information Commissioner
review (IC review) of a decision the Commonwealth Ombudsman (COMBO) was
deemed to have made on 5 April 2022.

On 20 May 2022, COMBO notified the Office of the Australian Information
Commissioner (the OAIC) it had made a substantive decision to refuse your
FOI request.

Can you please notify us by 7 June 2022, if you now wish to:

o Withdraw the IC review application, or
o Proceed with the IC review application, including submissions about
the grounds on which you wish to proceed.

I note that s 54W(a)(ii) of the FOI Act provides that the Information
Commissioner may decide not to undertake an IC review where an applicant
fails to cooperate in progressing an IC review application without
reasonable excuse. Should we not receive a response from you to this email
by 7 June 2022, your IC review application may be finalised by a delegate
of the Information Commissioner under s 54W(a)(ii).

If you have any questions, please contact me via email at
[11][email address]. Please quote OAIC reference number at the top of
this email in all correspondence.

Yours sincerely

 

Alistair B

[12][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory
Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [13]oaic.gov.au

1300 363 992  | 
[14][email address]
[15][IMG] | [16][IMG] | [17][IMG] |   [18]Subscribe to OAICnet
newsletter

 

 

 

OFFICIAL: Sensitive

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. mailto:[FOI #8563 email]
2. mailto:[email address]
3. https://aus01.safelinks.protection.outlo...
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]
6. https://aus01.safelinks.protection.outlo...
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8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...
10. mailto:[FOI #8563 email]
11. mailto:[email address]
12. https://aus01.safelinks.protection.outlo...
13. https://aus01.safelinks.protection.outlo...
14. mailto:[email address]
15. https://aus01.safelinks.protection.outlo...
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OAIC - FOI DR,

6 Attachments

OAIC reference: MR22/00549
Agency reference: 2022-102165

Mr Marek Paderewski

By email: [1][FOI #8563 email]

Your IC review application about the Commonwealth Ombudsman

Dear Mr Paderewski

I refer to your application for Information Commissioner review (IC
review) of a decision the Commonwealth Ombudsman (Ombudsman) was deemed to
have refused, and to our email of 24 May 2022.

On 20 May 2022, the Ombudsman provided a decision to you on your FOI
request.

On 24 May 2022, we wrote to you (attached) seeking your advice on whether
you wished to proceed or withdraw your IC review. In that correspondence
we requested you respond by 7 June 2022. The OAIC does not appear to have
received a response from you.

In light of the above and in order to progress your IC review, can you
please advise if you would like to proceed or withdraw your request for IC
review? Please provide a response by 30 June 2022.

Intention to finalise IC review

Please note that s 54W(a)(ii) of the FOI Act provides that the Information
Commissioner may decide not to undertake an IC review where an applicant
fails to cooperate in progressing an IC review application without
reasonable excuse. Should we not receive a response from you to this email
by 30 June 2022, your IC review application will be finalised by a
delegate of the Information Commissioner under s 54W(a)(ii).

If you have any questions regarding this email, or require any additional
time to respond, please contact us at [2][email address]. Please quote
OAIC reference number at the top of this email in all correspondence.

Kind regards

 

Tania Strathearn

[3][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

1300 363 992 [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

 

 

 

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. mailto:[FOI #8563 email]
2. mailto:[email address]
3. https://aus01.safelinks.protection.outlo...
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
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We don't know whether the most recent response to this request contains information or not – if you are Marek please sign in and let everyone know.