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Whether the APSC contacted anybody as part of s 47 or s 47G exemption claim

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Dear Australian Public Service Commission,

I refer to a request that I made to the APSC on 13 February 2022. The request can be accessed here:

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

On 11 March 2022, I received an email from the FOI Officer in the Legal Services section 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 23 March 2022, Ms Strangio refused access to documents under ss 47C and 47E of the FOI Act. Ms Strangio did not refuse access to the documents of the basis of s 47F (personal information), or ss 47 or 47G (business documents).

I have reason to suspect that I was lied to by the FOI Officer in the Legal Services section of the APSC when the FOI Officer claimed that the timeframe for responding to my request had been extended by 30 days under subsection 15(6) of the Freedom of Information Act 1982 because:

a) the scope of my FOI request included one or more documents containing either personal information or business information about one or more third parties; and
b) in such circumstances as set out in (a), the APSC consults with relevant third parties about the disclosure of the information.

Under the FOI Act I request access to the consultation letter/s sent to persons or organisations concerned that might reasonably with to make an exemption contention about documents containing business information in relation to my FOI request dated 13 February 2022.

Providing the consultation letter/s will mollify my suspicions.

Yours faithfully,

Ray B1

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 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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Dear 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 47 or s 47G exemption claim'.

In your letter of decision, which was sent to me on 8 June 2022, your state:

The Commission conducted consultation with the Attorney General’s Department in
relation to your 13 February 2022 FOI request; however, this was courtesy consultation
and not with a natural person for the purpose of section 27A of the FOI Act. The
Commission extended the timeframe for responding to the FOI request relying on section
15(6) of the FOI Act. It has since come to our attention that the Commission should not
have extended the timeframe relying on the third party consultation for personal privacy or
business documents.

So, in other words, an FOI Officer in the Legal Section of the Australian Public Service Commission lied to me. So what is the APSC going to do about this liar on whose lie assistant commissioners, like you, have relied to make decisions outside permissible timeframes?

I will give the APSC another opportunity to look for the documents, after which point I will make a complaint to the OAIC under section 70 of the FOI Act. It is apparent that FOI Officers in the Legal Section of the APSC have systematically lied to access applicants on the Right to Know website about the applicability of the section 15(6) of the FOI Act to FOI requests.

It's just one embarrassment after another for the APSC.

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,

Ray B1

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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We don't know whether the most recent response to this request contains information or not – if you are Ray B1 please sign in and let everyone know.