Dear Australian Public Service Commission,

I refer to a request that I made to the APSC on 21 March 2022. The request can be access here:

https://www.righttoknow.org.au/request/r...

On 11 April 2022, I received an email from the FOI Officer at the APSC. That email can be access here:

https://www.righttoknow.org.au/request/r...

In that email, the FOI Officer stated:

The scope of your recent FOI request includes one or more documents
containing either personal information or business information about one
or more third parties. In such circumstances, the Commission consults with
relevant third parties about the disclosure of the information.

The timeframe for responding to your request is therefore extended by 30
days under subsection 15(6) of the Freedom of Information Act 1982.

In Ms Giorgina Strangio's decision letter dated 2 May 2022, Ms Strangio refuses access to documents under s 47F (personal information). She does not refuse access to the documents under s 47 or s 47G (business documents). It is thus reasonable to surmise that the consultations engaged in were only for personal privacy.

Ms Strangio refused to provide access to two documents on the ground that both were exempt pursuant to s 47F of the FOI Act.

Personal information only pertains to natural persons under the Privacy Act 1988. It follows that the persons who were consulted were natural persons.

Under the FOI Act I request access to the following documents:

a) the consultation letter sent to the natural persons in relation to document 1 - Email correspondence between Commission and Federal Court of Australia titled
“PRIVATE AND CONFIDENTIAL” dated 27 October 2020; and

b) the consultation letter sent to the natural persons in respect of document 2 - Judicial Registrar Recruitment Outcome document prepared by Federal Court of
Australia

I have reason to suspect that the APSC is making claims under ss 27 and 27A without actually engaging in consultations. Providing these documents will mollify my suspicions.

Yours faithfully,

Mircea

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Applicant

 

The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request under the Freedom of Information Act 1982 (FOI
Act).

 

The timeframe for responding to your request is 30 days from the date of
receipt. This timeframe may be extended in certain circumstances. You will
be notified if these circumstances arise and the timeframe is extended.

 

Regards

 

FOI OFFICER

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

[2]three hexagons[3]twitter icon [4]facebook
icon                          

 

 

 

 

This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.

 

 

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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant,

 

Please see attached.

 

Kind regards

 

FOI OFFICER

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

[2]three hexagons[3]twitter icon [4]facebook
icon                          

 

 

 

 

This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.

 

show quoted sections

Dear Australian Public Service Commission,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Public Service Commission's handling of my FOI request 'Whether the APSC contacted anybody as part of s 47F exemption claim'.

As I apprehend this decision, the decision maker is tacitly admitting to staff members at the APSC cynically abusing processes available under the FOI Act to extract more time to make a decision under the FOI Act. It seems as though staff members at the APSC have engaged in such abuses systematically (see, for example, https://www.righttoknow.org.au/request/d... https://www.righttoknow.org.au/request/w...).

It seems that the staff in the APSC have little regard, and possibly contempt, for the laws of Australia.

For example, both Giorgina Strangio and Patrick Hetherington appear to have committed indictable offences by granting access to documents in contravention of section 65 of the Public Interest Disclosure Act, Kate McMullan appears to have grossly mishandled a public interest disclosure investigation, which is now the subject of an investigation by the Commonwealth Ombudsman, and FOI Officers in the APSC seem to think it is acceptable to make false statement about the applicability of sections 27 and 27A of the FOI Act to lawful FOI requests.

I will give the APSC an opportunity to consider my FOI request again, via an internal review, because it seems to me that the APSC needs to be given a really good shakeup if it turns out that FOI Officers in the Legal Section of the Commission systematically lied to access applicants about the applicability of sections 27 and 27A of the FOI Act to extract more time to make decisions.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/w...

Yours faithfully,

Mircea

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Applicant

 

The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request for internal review under the Freedom of
Information Act 1982 (FOI Act).

 

The timeframe for responding to your internal review request is 30 days
from the date of receipt. This timeframe for internal review may be
extended in very limited circumstances. You will be notified if these
circumstances arise and the timeframe is extended.

 

Regards,

 

FOI OFFICER

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

[2]three hexagons[3]twitter icon [4]facebook
icon                          

 

 

 

 

This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.

 

 

 

 

 

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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant

 

A decision notice is attached.

 

Regards,

 

FOI OFFICER

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

[2]three hexagons[3]twitter icon [4]facebook
icon                          

 

 

 

 

This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.

 

 

 

 

 

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