The Establishment of a National Integrity Commission

Evelyn Doyle made this Freedom of Information request to Australian Commission for Law Enforcement Integrity

The request was refused by Australian Commission for Law Enforcement Integrity.

From: Evelyn Doyle

Delivered

Dear Australian Commission for Law Enforcement Integrity,

I would like to request documents relating to the establishment of a federal anti-corruption body under the Freedom of Information Act in the following terms:

1. Any documents, correspondence or ministerials (hard copy, emails or other digital messages) between ACLEI and any current or former politician regarding the establishment of a National Integrity Commission to be called the Commonwealth Integrity Commission (CIC) as announced recently by the Prime Minister.

In the media the body has also been referred to as a federal ICAC and documents may refer to it by that name.

2. Any correspondence relating to the establishment of the CIC as per the above terms between ACLEI and the Attorney-General's department and between ACLEI and the Attorney-General.

3. Any internal ACLEI documents or emails relating to the establishment of the CIC.

The scope for the request is 2017 to the December 14, 2018.

Yours faithfully,

Evelyn Doyle

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From: ACLEI FOI
Australian Commission for Law Enforcement Integrity

For Official Use Only
Dear Ms Doyle

The Australian Commission for Law Enforcement Integrity (ACLEI) has received your request under the Freedom of Information Act 1982 for documents related to the establishment of a federal anti-corruption body. Your request sought:
“1. Any documents, correspondence or ministerials (hard copy, emails or other digital messages) between ACLEI and any current or former politician regarding the establishment of a National Integrity Commission to be called the Commonwealth Integrity Commission (CIC) as announced recently by the Prime Minister.

In the media the body has also been referred to as a federal ICAC and documents may refer to it by that name.

2. Any correspondence relating to the establishment of the CIC as per the above terms between ACLEI and the Attorney-General's department and between ACLEI and the Attorney-General.

3. Any internal ACLEI documents or emails relating to the establishment of the CIC.

The scope for the request is 2017 to the December 14, 2018.”

I have requested relevant ACLEI staff to identify documents that may fall within your request. Subject to specific provisions for extension and suspension of time limits in the FOI Act, ACLEI is required to make and communicate its decision within 30 days after the date of your request.

ACLEI has a Christmas/New Year shutdown between 25 December 2018 and 2 January 2019. ACLEI will contact you again when a decision has been made or if otherwise required by the FOI Act.

Yours sincerely

Paul B
FOI Officer

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From: Evelyn Doyle

Delivered

Dear Paul

Thank you for your response. I look forward to hearing from you later in January 2019.

Yours sincerely,

Evelyn Doyle

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From: ACLEI FOI
Australian Commission for Law Enforcement Integrity

UNCLASSIFIED
Dear Ms Doyle

I am writing to you about the request you made to the Australian Commission for Law Enforcement Integrity (ACLEI) under the Freedom of Information Act 1982 (FOI Act). The request was made in an e-mail sent on the evening of 13 December 2018 and received here the next day.

Your FOI request sought access to:
“1. Any documents, correspondence or ministerials (hard copy, emails or other digital messages) between ACLEI and any current or former politician regarding the establishment of a National Integrity Commission to be called the Commonwealth Integrity Commission (CIC) as announced recently by the Prime Minister.
In the media the body has also been referred to as a federal ICAC and documents may refer to it by that name.
2. Any correspondence relating to the establishment of the CIC as per the above terms between ACLEI and the Attorney-General's department and between ACLEI and the Attorney-General.
3. Any internal ACLEI documents or emails relating to the establishment of the CIC.
The scope for the request is 2017 to the December 14, 2018,

We have checked ACLEI’s electronic document register and have asked all ACLEI staff who were considered most likely to hold relevant documents that had not yet been registered. Unfortunately, given the time of year, not all staff have returned to work yet and those that have are under pressure from ACLEI’s core functions, so inquiries are continuing. In view of those obstacles to making the best and most comprehensive decision, I believe we need to request your agreement to an extension of time in which to make a decision.

Such an extension is permitted by section 15AA of the FOI Act:
15AA Extension of time with agreement
An agency or Minister may extend the period referred to in paragraph 15(5)(b) for dealing with a request, or that period as extended under subsection 15(6) or (8) (consultation), by a further period of no more than 30 days if:
(a) the applicant agrees in writing to the extension; and
(b) the agency or Minister gives written notice of the extension to the Information Commissioner as soon as practicable after the agreement is made.

While the FOI Act allows a period of no more than 30 days, we anticipate having the information needed to make a decision a little earlier than that and undertake to make a decision as soon as possible.

Please let us know by return e-mail if you agree to the extension.

Documents

At this stage, the electronic record of ACLEI’s documents has not produced any documents that answer the terms of your request. There is an electronic file, dealing with the 2017 inquiry by the Senate Select Committee into a National Integrity Commission. ACLEI made a submission to that inquiry which can be accessed at: https://www.aph.gov.au/Parliamentary_Bus... .

ACLEI gave evidence on 5 July 2017, accessible at: https://www.aph.gov.au/Parliamentary_Bus... .

The Committee’s report is available at: https://www.aph.gov.au/Parliamentary_Bus... .

We will continue to search the electronic register while inquiring with ACLEI staff.

Yours sincerely

Paul B

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From: Evelyn Doyle

Delivered

Hi Paul

I consent to a 30 day extension to enable the agency to discuss my FOI application with returning staff.

Thank you for the link to the ACLEI submission to the Senate Inquiry.

Yours sincerely,

Evelyn Doyle

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From: Evelyn Doyle

Delivered

Dear Paul

I believe the date has passed for the 30 day extension for my FOI request. By now most of your staff have probably returned from holidays and have accessed the relevant documents in the database and files.

Could you advise on the status and progress of the request.

Thanks in advance.

Yours sincerely,

Evelyn Doyle

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From: ACLEI FOI
Australian Commission for Law Enforcement Integrity

UNCLASSIFIED
Dear Evelyn,

I would like to update you on your FOI request below.
We have identified one document which falls within the scope of your request.
However, the document is currently the subject of a consultation process with another agency, and that consultation process has not been finalised.

We will today apply for an extension to the Information Commissioner under section 15AB of the FOI Act, due to the complexity of processing your request. I today spoke to the OAIC who have been apprised of the situation.

I will keep you updated on that process as information comes to hand.

Kind regards,

Regina

Regina Weiss
A/g General Counsel
Australian Commission for Law Enforcement Integrity
Ph: +61 (0) 484 620 325 || +61 (0) 2 61412363 https://www.aclei.gov.au/

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From: Evelyn Doyle

Delivered

Dear Regina

Thank you for your advice regarding my FOI request.

Due to the government's statements in the media that discussions on establishing a National Integrity Commission had been in progress for some time, I anticipated more documents than just the one. I believe Malcolm Turnbull noted that advice was sought during his time as Prime Minister.

The Attorney-General's Department have recently released some documents relating to the Integrity Commission on their disclosure log.

Do you know approximately when the consultation will be finalised?

Yours sincerely,

Evelyn Doyle

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From: Weiss, Regina
Australian Commission for Law Enforcement Integrity

UNCLASSIFIED

Dear FOI Extensions officer

Australian Commission for Law Enforcement Integrity – CM 19/109

 

I am writing to request a s 15AB extension for an FOI request made by
applicant Ms Evelyn Doyle, contactable
at [1][FOI #5160 email]  

Details of the access request

Ms Doyle lodged her FOI access request with ACLEI on 13 December
2018. Ms Doyle agreed to an extension of a further 30 days after the 30
day timeframe stipulated in section 15(5)(b) of the FOI Act to be notified
on the decision. Taking into account an extension to allow us to carry out
a request consultation process with the Attorney General’s Office, ACLEI
is due to make a decision on the applicant's request by 4 March 2019.

Period of s 15AB extension sought

ACLEI requests a 20 day extension under s15AB of the FOI Act. This would
make the new date for the decision Monday, 4 March 2019.

Reasons

ACLEI FOI Officers identified one document which falls within the scope of
Ms Doyle’s request.

Consultation with the Attorney-General’s Office is required and has not
been finalised. In addition, the document holds a national security
classification.

 

Ms Doyle has been notified of the delay and ACLEI’s intention to apply to
the Information Commissioner for an extension under section 15AB of the
FOI Act.

It is anticipated that the Attorney General’s Office will be able to
complete its assessment of the document and communicate submissions to
ACLEI within 14 days. ACLEI will require a further six days to process
those submissions. Simultaneously, ACLEI will takes steps to review the
national security classification, in consultation with security advisors.

Yours sincerely

Regina Weiss

 

A/g General Counsel

Australian Commission for Law Enforcement Integrity

[2]https://www.aclei.gov.au/

 

      

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References

Visible links
1. mailto:[FOI #5160 email]
2. https://www.aclei.gov.au/

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From: FOIDR


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Attachment RQ19 00618 15AB letter to A ACLEI and Doyle.pdf
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Our reference: RQ19/00618

Agency reference: CM19/109

Ms Evelyn Doyle

Sent by email: [FOI #5160 email] 

Extension of time under s 15AB

Dear Ms Doyle

Please find attached correspondence in relation to the processing of your
FOI request.

Kind regards

[1]cid:image001.jpg@01D4827C.B34AB400   Adie Chang  |  Assistant Review and Investigation
Adviser (Legal)

Freedom of Information

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  [2]oaic.gov.au

+61 2 9284 9686  |   [3][email address]
[8]Subscribe
[4]cid:image002.png@01D4827C.B34AB400 | [5]cid:image003.png@01D4827C.B34AB400 | [6]cid:image004.png@01D4827C.B34AB400 |   [7]cid:image005.png@01D4827C.B34AB400 to OAICnet
newsletter

 

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References

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1. https://www.oaic.gov.au/
2. http://www.oaic.gov.au/
3. mailto:[email address]
4. http://www.facebook.com/OAICgov
5. https://www.linkedin.com/company/office-...
6. https://twitter.com/OAICgov
8. https://www.oaic.gov.au/media-and-speech...

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From: Evelyn Doyle

Delivered

Thank you for advising me of a further 20 day extension for ACLEI to make third party contact.

Yours sincerely,

Evelyn Doyle

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From: ACLEI FOI
Australian Commission for Law Enforcement Integrity


Attachment Letter to Ms Doyle FOI Decision 1 March 2019.pdf
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UNCLASSIFIED
Dear Ms Doyle,

Please find attached a Decision on your request for release of documents pursuant to the Freedom of Information Act 1982.

Kind regards,

FOI Officer

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From: Evelyn Doyle

Delivered

Dear ACLEI FOI,

Thank you for advising me of your refusal to release the one document which meets my criteria and which is exempt under Cabinet processes.

It is surprising that only one document could be found given the government's claims that extensive discussions have been held regarding the establishment of a National Integrity Commission for which ACLEI will be responsible.

However, I thank you for your efforts in processing the request.

Yours sincerely,

Evelyn Doyle

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