The APSC and the FOI Act

HW made this Freedom of Information request to Australian Public Service Commission

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 successful.

Dear Australian Public Service Commission,

It is widely accepted that the mating call of the corrupt public servant is to be critical of the FOI Act.

And so it was for former Public Service Commissioner and corrupt IPA/Liberal Party stooge, John Lloyd:

https://www.smh.com.au/public-service/au...

https://www.theguardian.com/politics/201...

And who could forget Mr Lloyd’s comments at Senate Estimates in October 2015 when he demonstrated that despite having strong views on the FOI Act, he had no actual understanding of the FOI Act:

Mr Lloyd: I am committed to the FOI process, and every officer has an obligation to comply with the law. But in the role of commissioner I proffered my view as to how it stands at the moment.

Senator RHIANNON: Could you expand on how the law has gone beyond what was
intended?

Mr Lloyd: I think I just outlined that then. When FOI laws were introduced they were particularly designed, as I understood it, to ensure that citizens could have access to information the government held about them, whether it was in what is now the Department of Human Services, Centrelink or whatever.

The above indicates that despite corrupt John Lloyd’s statutory role in upholding high standards of integrity and conduct in the APS, and in direct contrast the APSC’s published material regarding compliance with the APS Code/Values – it does not amount to a contravention of the Public Service Act for a public servant to be openly and publicly critical of Government legislation, even when that public servant is wholly ignorant as to the operation and application of that legislation.

Under the FOI Act, I seek copies of any applications made from 1 January 2016 onwards, by the APSC, under Division 1 of Part VIII of the FOI Act seeking to have a person declared to be a vexatious applicant. The information the subject of my request is in the public interest because it will demonstrate whether the APSC, supposedly the APS’ guiding light on ethical behaviour, is committed to principles of open government, public scrutiny of government activity, the separation of powers and democracy generally.

Thank you.

FOI, Australian Public Service Commission

Dear Sir / Madam

The Australian Public Service Commission has made no applications since (or before) 1 January 2016 under Division 1 of Part VIII of the FOI Act seeking to have a person declared to be a vexatious applicant.

This is not a formal response under the Freedom of Information Act 1982. However, as this information appears to meet your needs your request will be treated as withdrawn for the purposes of the FOI Act unless you advise otherwise by COB 20 May 2019.

Regards
___________________________________________________
FOI Officer
Australian Public Service Commission

p : 02 6202 3500
e : [APSC request email] | w : www.apsc.gov.au

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