OFFICIAL

Dear Mr Smith

We write in relation to your below email dated 25 February 2021,
containing your request in the following terms:

I am seeking access to any document(s) that indicates the date and time in
which the Gaetjens review was designated as 'for deliberation of Cabinet'.

Section 15 of the FOI Act sets out the requirements for a valid request
under the FOI Act, including that the request provide such information
concerning the document as is reasonably necessary to enable a responsible
officer of the agency to identify it.

Your request, as currently framed, does not provide sufficient information
as is reasonably necessary to enable us to identify the documents you wish
to access, as it is not clear what “Gaetjens review” your request refers
to. If you wish to continue with your request, please provide additional
information on this point.

Processing of your request will commence once it meets the requirements of
section 15 of the FOI Act.

Yours sincerely

FOI and Privacy Section | 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

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

[7]Title: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present. -
Description: Reconcilation branding and acknowledgment: The Department
acknowledges the Traditional Custodians of Country throughout Australia
and their continuing connections to the land, waters and community. We pay
respect to their Cultures, Country and Elders both past and present.

-----Original Message-----

From: Tyson Smith <[FOI #7109 email]>

Sent: Thursday, 25 February 2021 3:23 PM

To: FOI <[email address]>

Subject: Freedom of Information request - The date/time in which the
Gaetjens review was designated as 'for deliberation of Cabinet'

Dear Department of the Prime Minister and Cabinet,

I am seeking access to any document(s) that indicates the date and time in
which the Gaetjens review was designated as 'for deliberation of Cabinet'.

Yours faithfully,

Tyson Smith

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #7109 email]

Is [DPMC request email] the wrong address for Freedom of Information requests to
Department of the Prime Minister and Cabinet? If so, please contact us
using this form:

https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

______________________________________________________________________

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you
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References

Visible links
1. mailto:[DPMC request email]
2. http://www.pmc.gov.au/
3. https://twitter.com/pmc_gov_au
4. https://www.linkedin.com/company/departm...
5. https://twitter.com/indigenous_gov
6. https://www.facebook.com/indigenous.gov....

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OFFICIAL

FOI/2021/027

Dear Mr Smith

We write in relation to your email dated 25 February 2021, and received by
the Department of the Prime Minister and Cabinet (the Department), in
which you made a request under the Freedom of Information Act 1982 (the
FOI Act) for access to the following:

I am seeking access to any document(s) that indicates the date and time in
which the Gaetjens review was designated as 'for deliberation of Cabinet'.

On 26 February 2021, the Department wrote to you to advise that your
request did not meet the requirements of section 15 of the FOI Act and was
therefore invalid. On 1 March 2021, you provided the following
clarification:

In relations to “Gaetjens review” what I mean is the report that Scott
Morrison announced would be conducted by Phil Gaetjens which seeks to
investigate which staff in the Prime Minister's Office (PMO) were aware of
the assault allegation in relation to Brittany Higgins.

Accordingly, your request, as clarified, is as follows:

I am seeking access to any document(s) that indicates the date and time in
which the report that Scott Morrison announced would be conducted by Phil
Gaetjens, which seeks to investigate which staff in the Prime Minister's
Office (PMO) were aware of the assault allegation in relation to Brittany
Higgins, was designated as 'for deliberation of Cabinet'.

Timeframe for receiving your decision

We received a valid FOI request from you on 1 March 2021 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 31 March
2021. 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]https://www.pmc.gov.au/government/depart...,
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]https://www.oaic.gov.au/freedom-of-infor....

Yours sincerely

FOI Adviser

FOI and Privacy Section| Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

[5]http://www.dcducks.com/wp-content/themes...
6271 5849 |
[6]http://cdn.mysitemyway.com/icons-waterma... request email]
|
[8]https://www.musicianswithoutborders.org/...

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

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______________________________________________________________________

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
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message from your computer system.
______________________________________________________________________

References

Visible links
1. https://www.pmc.gov.au/government/depart...
2. mailto:[DPMC request email]
3. mailto:[DPMC request email]
4. https://www.oaic.gov.au/freedom-of-infor...
7. mailto:[DPMC request email]
9. http://www.pmc.gov.au/
10. https://twitter.com/pmc_gov_au
11. https://www.linkedin.com/company/departm...
12. https://twitter.com/indigenous_gov
13. https://www.facebook.com/indigenous.gov....

hide quoted sections

Our reference: RQ21/00856

Agency reference: FOI/2021/027

Mr Tyson Smith

Sent by email: [1][FOI #7109 email]

Extension of time under s 15AC

Dear Mr Smith

Please find attached a decision of today’s date.

Kind regards,

[2][IMG]   Irene Nicolaou  |  Director

Freedom of information

Office of the Australian
Information Commissioner

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

+61 2 9284 9605   |   0438
150 356
[4][email address]
[5][IMG] | [6][IMG] | [7][IMG] |   [8]Subscribe to
Information Matters

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of this information is unauthorised. If you have received this email in
error, we apologise for any inconvenience and request that you notify
the sender immediately and delete all copies of this email, together
with any attachments.
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References

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2. https://www.oaic.gov.au/
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8. https://www.oaic.gov.au/updates/sign-up/

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OFFICIAL

FOI/2021/027

Dear Mr Smith

Please find attached the decision in relation to your request under the
Freedom of Information Act 1982.

Yours sincerely

FOI Adviser

FOI and Privacy Section| Legal Policy Branch

Government Division | Department of the Prime Minister and Cabinet

[1]http://www.dcducks.com/wp-content/themes...
6271 5849 |
[2]http://cdn.mysitemyway.com/icons-waterma... request email]
|
[4]https://www.musicianswithoutborders.org/...

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

[6]cid:image001.jpg@01D30607.6CF4DA00[7]cid:image002.jpg@01D30607.6CF4DA00[8]cid:image003.jpg@01D30607.6CF4DA00 [9]cid:image004.jpg@01D30607.6CF4DA00

[10]cid:image005.jpg@01D30607.6CF4DA00

______________________________________________________________________

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
3. mailto:[DPMC request email]
5. http://www.pmc.gov.au/
6. https://twitter.com/pmc_gov_au
7. https://www.linkedin.com/company/departm...
8. https://twitter.com/indigenous_gov
9. https://www.facebook.com/indigenous.gov....

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