Stephanie Foster

DB made this Freedom of Information request to Department of the Prime Minister and Cabinet

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Department of the Prime Minister and Cabinet,

This article in the Guardian concerns endemic lawlessness in the Department of Prime Minister and Cabinet’s FOI team - https://www.theguardian.com/australia-ne.... Presumably that corruption has been carried out at the request of the Prime Minister.

I note from the Department’s organisational chart that Stephanie Foster has oversight of and is responsible for the Department’s FOI processing team.

As I understand, Stephanie Foster developed her particular brand of public sector ethics as Deputy Public Service Commissioner under the tutelage of former Public Service Commissioner and corrupt Liberal Party / IPA grub, John Lloyd.

I note that in Senate Estimates in June last year, https://parlinfo.aph.gov.au/parlInfo/sea... Ms Foster seems to have actively defended and ran interference for Mr Lloyd’s corruption in public office.

For example, despite being aware:
i) of the particulars of Mr Lloyd’s corrupt conduct in public office;
ii) that it was the view of Mr Robert Cornall, (who, in contrast, is a highly respected and esteemed public servant) that Mr Lloyd’s conduct was prima facie illegal; and
iii) that Mr Lloyd was the subject of an ongoing investigation into his corruption -

Ms Foster gave evidence, effectively sub judice, to the Australian Parliament, that Mr Lloyd had conducted his role “professionally and objectively”.

Less than two months later, entirely predictably for anyone that has had anything to do with Mr Lloyd, the Merit Protection Commissioner found Mr Lloyd to be corrupt.

Noting the corruption to which the Guardian article mentioned above refers has presumably been carried out under Ms Foster’s watch, coincidentally or otherwise, it seems that wherever Ms Foster goes, public sector corruption follows.

I note that under the Public Service Act 1999 and the Australian Public Service Commissioner’s Directions 2016, it is illegal for a public servant to turn a blind eye, to conceal, or to fail to take action to address, corruption.

Under the FOI Act, I seek copies of any emails in Ms Foster’s email account that relate to the matters referred to in the above-mentioned Guardian article. I constrain my request to documents dated between Monday 24 June 2019 to Friday 28 June 2019 (inclusive). These dates should capture when Guardian journalists made inquiries of the Department in relation to these matters and how the fallout was dealt with by Ms Foster, being the highly paid senior executive with oversight of the Department’s corruption identified in the article. The documents the subject of my request are in the public interest because they will provide evidence as to whether a highly paid, very senior, public servant in the Prime Minister’s Department has countenanced public sector corruption.
Regards

FOI, Department of the Prime Minister and Cabinet

6 Attachments

UNCLASSIFIED

FOI/2019/164

 

Dear Sir/Madam

 

Thank you for your email dated 5 July 2019 to the Department of the Prime
Minister and Cabinet (the Department), in which you made a request to the
Department under the Freedom of Information Act 1982 (the FOI Act) in the
following terms:

 

Under the FOI Act, I seek copies of any emails in Ms Foster’s email
account that relate to the matters referred to in the above-mentioned
Guardian article. I constrain my request to documents dated between Monday
24 June 2019 to Friday 28 June 2019 (inclusive). These dates should
capture when Guardian journalists made inquiries of the Department in
relation to these matters and how the fallout was dealt with by Ms Foster,
being the highly paid senior executive with oversight of the Department’s
corruption identified in the article. The documents the subject of my
request are in the public interest because they will provide evidence as
to whether a highly paid, very senior, public servant in the Prime
Minister’s Department has countenanced public sector corruption.

 

Timeframe for receiving your decision

 

We received your request on 5 July 2019 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by Monday 5 August 2019. The
period of 30 days may be extended in certain circumstances. We will advise
you if there is any extension of time.

 

Charges

 

Agencies may decide that an applicant is liable to pay a charge in respect
of a request for access to documents. If the Department decides that you
are liable to pay a charge, we will send you a preliminary assessment of
the charge as soon as possible.

 

Publication of documents

 

Please note that information released under the FOI Act may later be
published online on our disclosure log at
[1]http://www.dpmc.gov.au/pmc/accountabilit...,
subject to certain exceptions. If you think you might wish to raise any
objections to the publication of any of the information which may be
released to you please contact us by email at [2][DPMC request email].  If you
do wish to object to the publication of information, you would need to
provide supporting reasons.

 

Exclusion of officers’ names and contact details

 

For documents that fall within scope of the request, it is the
Department’s policy to withhold:

•             any person’s signature;

•             the names and contact details of Australian Public Service
officers not in the Senior Executive Service (SES);

•             the mobile or direct numbers of SES officers;

•             the names and contact details of Ministerial staff at a
level below Chief of Staff.

 

The names and other details of SES officers will not be withheld unless
there is some reason for that information to be exempt from release. If
you require signatures, the names and contact details of non-SES officers
or Ministerial staff below the level of Chief of Staff, or the mobile or
direct numbers of SES officers please let us know at [3][DPMC request email] so
the decision-maker may consider; otherwise we will take it that you agree
to that information being excluded from the scope of your request (that
is, the information will be treated as irrelevant and redacted from any
documents for release).

 

We will write again when the Department has more information.  Further
information on FOI processing can be found at the website of the Office of
the Australian Information Commissioner at
[4]http://www.oaic.gov.au/foi-portal/about_....

 

 

Yours sincerely

 

 

 

FOI Adviser

FOI and Privacy Section| Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

p. +61 2 6271 5849

e. [5][DPMC request email] | [6]www.dpmc.gov.au

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FOI, Department of the Prime Minister and Cabinet

OFFICIAL

 

FOI/2019/164

 

Dear DB,

 

I refer to the FOI request that you have made to the Department of the
Prime Minister and Cabinet under the Freedom of Information Act 1982 (the
FOI Act).

 

The decision-maker for your FOI request has advised that before finalising
a decision the Department must conduct third party consultation in
accordance with sections 27 and 27A of the Freedom of Information Act 1982
(the FOI Act). Section 15(6) of the FOI Act further provides that in such
circumstances agencies shall be given another 30 days in which to make all
reasonable efforts to process the FOI request.

 

Consequently, this means that a decision on your FOI request will now be
due by 3 September 2019.

 

Yours sincerely,

 

FOI Adviser

FOI and Privacy | Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

p. (02) 6271 5849

e. [1][DPMC request email] | w. [2]www.pmc.gov.au

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

______________________________________________________________________

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.
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References

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Dear FOI,

Further to my FOI request of 5 July 2019, I consent to the Department redacting the personal information of any person who is/was not a public servant from any relevant document (noting paragraph 6.153 of the FOI Guidelines).

I also reiterate the public interest in the documents the subject of my request, including by reference to, in my view, Ms Foster’s demonstrated history of concealing public sector corruption for political purposes.

Yours sincerely,

DB

FOI, Department of the Prime Minister and Cabinet

7 Attachments

OFFICIAL

 

OFFICIAL

 

Dear DB,

 

Please find attached the decision in relation to your request.

 

Yours sincerely,

 

FOI Adviser

FOI & Privacy Section

Legal Policy Branch | Government Division

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

e. [1][DPMC request email]

One National Circuit Barton ACT 2600 | PO Box 6500 CANBERRA ACT 2600

[2]cid:image001.jpg@01D30607.6CF4DA00[3]cid:image002.jpg@01D30607.6CF4DA00[4]cid:image003.jpg@01D30607.6CF4DA00 [5]cid:image004.jpg@01D30607.6CF4DA00

 

The Department acknowledges the Traditional Custodians of Country
throughout Australia and their continuing connection to land, waters and
community. We pay our respect to their Cultures, Country and Elders both
past and present.

 

 

______________________________________________________________________

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
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2. https://twitter.com/pmc_gov_au
3. https://www.linkedin.com/company/departm...
4. https://twitter.com/indigenous_gov
5. https://www.facebook.com/indigenous.gov....

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