Separate JobActive Contract that negates JobActive Deed

Winter made this Freedom of Information request to Department of Jobs and Small Business

Department of Jobs and Small Business did not have the information requested.

From: Winter

Delivered

Dear Department of Employment,

I am writing to request the JobActive contract submitted to Department of Employment/ "The Government" by Job Prospects in 2015. This document outlined the way they would assist jobseekers receiving Newstart Allowance.

Yours faithfully,

Interested Jobseeker

Link to this

From: Employment - FOI

Dear Interested Jobseeker

 

I refer to your correspondence received by the Department of Employment
(the Department) on 30 July 2016, in which you requested access under the
Freedom of Information Act 1982 (Cth) (FOI Act) to the following
documents:

 

The jobactive contract submitted to the Department of Employment / the
Government by Job Prospects in 2015.

 

From the subject line of your email we understand that you are seeking
access to a document involving jobactive provider Job Prospects, other
than the jobactive Deed, which outlines the way Job Prospects would assist
job seekers receiving Newstart Allowance.

 

We have conducted some preliminary discussions with relevant areas of the
Department, and have identified a document which falls within the scope of
your request and which is publicly available. That document is the Job
Prospects Service Delivery Plan, and is available on the Job Prospects
website at [1]http://jobprospects.com.au/job-seekers/o... (in PDF and
RTF formats, about half-way down the page).

 

If this is the document you are looking for, please let us know that this
is the case, and that you would like to withdraw your FOI request.

 

If this is not the document you are looking for, or you would like us to
undertake formal searches, we are happy to continue processing your
request under the FOI Act. However, as your request is for information
other than your own personal information, a processing charge may be
payable under section 29 of the FOI Act. Please let us know if this is
your preferred option, and we will advise you if a charge is payable and
the amount of any such charge as soon as practicable.

 

Please note that information released under the FOI Act may be published
in a disclosure log on the Department’s website. Section 11C of the FOI
Act requires this publication, however it is subject to certain
exceptions, including where publication of personal, business,
professional or commercial information would be unreasonable.

 

Should you have any queries about this matter, please do not hesitate to
contact us on (02) 6240 7310. Alternatively, you may send queries via
email to [2][Department of Employment request email].

 

We will correspond with you by email in relation to your FOI request.

 

Yours sincerely

 

The Information Law Team

 

Information Law, Practice Management and Corporate Advising Branch

Australian Government Department of Employment

Phone (02) 6240 7310

[3][email address] |www.employment.gov.au

 

Corporate Legal: professionalism, collaboration and quality in legal
services and compliance.

 

 

 

 

show quoted sections

Link to this

From: Winter

Delivered

Dear Employment - FOI,

This is not the document I seek. The document is a contract that Job Prospects claims tonhave submitted to the government during tenders for the Job Active contract. This document is extensive and I have seen brief sections of what I believe to be it on a JobActive consultant's computer.

The document you provided is a separate document.

Yours sincerely,

Winter

Link to this

From: Winter

Delivered

Dear Employment - FOI,

Job Prospects has stated that the document is not online or directly accessible for jobseekers. I had already found the document you referred to and they have told me that is not it.

They refer to an actual contract with the government that allows them to essentially ignore the Job Active Deed and do what they please.

Yours sincerely,

Winter

Link to this

From: Winter

Delivered

Dear Department of Employment,

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

I am writing to request an internal review of Department of Employment's handling of my FOI request 'Separate JobActive Contract that negates JobActive Deed'.

JobActive provider Job Prospects has made reference to a separate document, a "contract" they submitted to the department of employment during the tender process. The response I received from the department was disappointing-- they gave me information I already found and not what I had requested. Furthermore they have taken far too long to respond to my follow up clarification.

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

Yours faithfully,

Winter

Link to this

From: Employment - FOI

For Official Use Only

Dear Winter

 

I refer to your correspondence received by the Department of Employment
(the Department) on 10 August 2016 (below), as well as your correspondence
of 30 July 2016 in which you requested access under the Freedom of
Information Act 1982 (Cth) (FOI Act) to:

 

·         The jobactive contract submitted to the Department of Employment
/ the Government by Job Prospects in 2015.

 

From your correspondence of 30 July 2016, as well as subsequent
correspondence of 2 August 2016, you refined the scope of your request as
follows:

 

·         The document is not the Job Prospects Service Delivery Plan.

·         The document is a separate jobactive contract that negates the
jobactive Deed.

·         The document is a contract that Job Prospects claims to have
submitted to the government during tenders for the jobactive contract.

·         The document is extensive and you have seen brief sections of
what you believe to be it on a jobactive consultant’s computer.

·         Job Prospects has stated that the document is not online or
directly accessible for job seekers.

·         The document is a contract with the government that allows Job
Active to essentially ignore the jobactive Deed and do what they please.

 

The Department is currently undertaking searches of files held by its
various branches to determine whether it holds any documents that fall
within the scope of your request.

 

Please note that, in accordance with the FOI Act, the standard timeframe
to process an FOI request is 30 days. Furthermore, the FOI Act also
provides the Department with an additional 30 days if consultation is
required with any third parties contained within the documents. The
Department will endeavour to process your request as soon as practicable
within these timeframes.

 

As the Department has not yet made a decision in this matter, and the
statutory deadline for a decision has not lapsed, it is not possible to
process your request for internal review.

 

The Department will advise you in due course if a charge is payable to
process your request and the amount of any such charge.

 

Should you have any queries about this matter, please do not hesitate to
contact the Department via email to [1][Department of Employment request email].

  

Kind regards

 

The Information Law Team

 

Information Law, Practice Management and Corporate Advising Branch

Australian Government Department of Employment

Phone (02) 6240 7310

[2][email address] |www.employment.gov.au

 

Corporate Legal: professionalism, collaboration and quality in legal
services and compliance.

 

 

 

show quoted sections

Link to this

From: Employment - FOI


Attachment Primary decision on access Winter.pdf
1.2M Download View as HTML


Dear Winter

 

Please find attached the Department of Employment’s decision on access in
relation to your request of 30 July 2016 under the Commonwealth Freedom of
Information Act 1982.

 

Kind regards

 

The Information Law Team

Information Law, Practice Management and Corporate Advising Branch

Australian Government Department of Employment

Phone (02) 6240 7310

[1][email address] |www.employment.gov.au

Corporate Legal: professionalism, collaboration and quality in legal
services and compliance.

 

 

 

show quoted sections

Link to this

Winter left an annotation ()

According to the Department of Employment, the document does not exist. That is ok, it simply means that Job Prospects is lying when they say they can ignore the Job Active Deed.

This explains why my requests to Job Prospects employees and their site manager to sight the document when they referred to it, were refused- they cannot show me a document that doesn't exist.

This will be evidence next time I have to attend and they try to make my appointment 2 weeks apart.

Link to this

Things to do with this request

Anyone:
Department of Jobs and Small Business only: