Dear Australian Public Service Commission,

I saw an FOI request on this website and also saw that, once that request had been made, the APSC had apologised to certain access applicants about falsely claiming that consultations took place under ss 27 and 27A of the FOI Act.

I have a suspicion that an FOI officer in the Legal Services section of the APSC made false claims to me about undertaking consultations. Accordingly, I am making this request.

I refer to a request that I made to the APSC on 16 January 2022. The request can be accessed here:

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

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

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

In that email, the FOI Officer from the Legal Services section of the APSC 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 15 March 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 eleven documents on the ground that they 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 consultation letter/s sent to natural person/s in relation to the eleven documents identified in the schedule to her decision over which a s 47F exemption was claimed. For the purposes of clarity, they are the following documents identified in the schedule of documents appended to Ms Strangio's decision of 15 March 2022:

Document 1;
Document 2;
Document 3;
Document 4;
Document 6;
Document 7;
Document 8;
Document 9;
Document 10;
Document 11; and
Document 12.

I have reason to suspect that the FOI officers in the Legal Section of the APSC are making claims under ss 27 and 27A without anybody actually engaging in consultations according to law. Providing these documents will mollify my suspicions.

Yours faithfully,

Marek

FOI, Australian Public Service Commission

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: www.apsc.gov.au

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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Marek

 

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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Dear Ms Strangio,

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'.

In your decision you note:

The Commission extended the timeframe for the 16 January 2022 FOI request on 11
February 2022, with the intention of consulting with relevant parties. A decision was then
made to redact relevant personal information and consultation was not required; therefore,
there are no consultation documents.

But it is not possible to rely on s 27A of the FOI Act if the intended personal information is a person's name - please refer to the FOI Guidelines, which you are required to, by law, refer to when making access request decisions (see s 93A of the FOI Act). In other words, you are admitting that the FOI Officer in the Legal Section of the Australian Public Service Commission deliberately and falsely claimed that a consultation period under the FOI Act applied. Hmmmm ... all this from the agency responsible for stewardship of the Australian Public Service in respect of the APS Values. I don't recall deception and the communication of calculated falsehoods being APS Values.

I will give the APSC an opportunity to conduct an internal review to find the relevant consultation documents. If no documents are turned up on internal review, I, like Ray, will make a complaint to the OAIC under section 70 of the FOI Act because it is clear that the APSC has a problem with honesty (and integrity, and conducting public interest disclosure investigations, and with its First Assistant Commissioner committing indictable offences under the PID Act etc etc).

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,

Marek

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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