On 17 November 2009, Mr Peter Rush approved PM&C assessment Ref: B09/1640. The assessment is underpinned by a very significant error.
The assessment failed to inform government that the GE contingent was comprised from persons including commercial security contractors. Of note, this information was readily available in the public domain when the assessment was produced. The public has informed the department of the errors in this assessment a number of times. It is unclear if the department has acknowledged or informed government of their error.
Acting in accordance with the FOI Act we request a copy of the documents evidencing that the department has actually informed government of the errors underpinning their assessment Ref: B09/1640.
Dear Trav S
Thank you for your email below, 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 (FOI Act).
Validity of your request under the FOI Act
Section 15 of the FOI Act requires that a request for access to documents
under the FOI Act must, among other requirements, provide such information
as is reasonably necessary to enable the agency to identify the document
being sought. Your request, as currently framed, does not provide such
information as is reasonably necessary to enable the Department to
identify the document you are seeking, and your request is therefore not
valid under the FOI Act.
Your request seeks “…documents evidencing that the department has actually
informed government of the errors underpinning their assessment Ref:
B09/1640.” In order for the Department to identify these documents, please
provide further information on the following points:
· You refer to “assessment Ref: B09/1640”. Please confirm what
documents you are seeking regarding this assessment, eg. briefings.
· You refer to “the errors underpinning” this assessment, and advise
that the public “has informed the department of the errors in this
assessment a number of times.” Please provide further information about
the “errors” you refer to, such as the correspondence between the public
and the Department as mentioned in your request.
As your request is currently not valid under the FOI Act, the statutory
period for processing your request has not yet begun. The Department will
take no further action in processing your request until we hear from you
with clarification on the above points.
FOI Adviser | FOI Section
Department of the Prime Minister and Cabinet
p. (02) 6271 5849
Ngunnawal Country, One National Circuit Barton ACT 2600 | PO Box 6500
CANBERRA ACT 2600
e. [email address] w. pmc.gov.au
Please refer to FOI/2020/231. The disclosure reveals the department’s HOSM assessment (Ref: B09/1640) for Australian contingent to GE Infrastructure for Indian Ocean operation.
The assessment fails to inform that the contingent included commercial security contractors. The department states commercial security contractors unworthy for HOSM recognition. Public servants have a duty to act honesty and with integrity and care and diligence in their work. They have a duty to inquire into matters of substance. The assessment is substantially different to published accounts of a member of the contingent. Eyewitness accounts from other members of the contingent corroborate the published account.
A Commonwealth legislative instrument was borne from the assessment but the assessment was premised from a substantial omission. The public have a right to know what, if any actions were taken after the department was informed of the omission. With that in mind, we respectfully seek a copy of any document:
1. recording that the department has acknowledged HOSM assessment (Ref: B09/1640) is substantially flawed in that it failed to inform that the contingent included commercial security contractors.
2. recording that the public servant responsible for administering the HOSM program actually informed their respective superior (i.e. line manager) of the omission in HOSM assessment (Ref: B09/1640)
Please limit the search to documents created between 2019 to now.