Whether the APSC contacted Federal Court registrar as part of s 47F exemption claim

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

I refer to a request that I made to the APSC on 25 February 2022. The request can be accessed here:

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

On 28 March 2022, I received an email from the FOI Officer at the APSC. That email can be access here:

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

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 8 April 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.

Three of the document that Ms Strangio refused access to were Document 7.3 (the applicant's application), Document 7.4 (the Recruitment Exercise Approvals) and Document 7.5 (the letter of offer dated 5 December 2016). The Federal Court has identified the name of the applicant. The applicant was Ms Caitlin Wu (see https://www.righttoknow.org.au/request/u...).

Ms Strangio also refused to provide access to extracts of the Public Service Act 1999 on the ground that those extracts contained the personal information of persons (see Documents 7.6 and 7.7).

Mr Marco Spaccavento upheld Ms Strangio's reasons, including the s47F conditional exemption on Documents 7.3 - 7.7, on internal review.

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 Ms Caitlin Wu (being the subject of Documents 7.3, 7.4 and 7.5).
b) the consultation letter sent to natural persons in respect of their personal information being contained in extracts of the Public Service Act 1999 (i.e. Documents 7.6 and 7.7), which is obviously false because the no person's personal information is contained in any part of the Public Service Act.

Yours faithfully,

Louise

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.

 

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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 Federal Court registrar as part of s 47F exemption claim'.

How could reliance be placed on s 27A of the FOI Act to:
a) consult with a natural person, knowing that Document 7.3 (the applicant's application), Document 7.4 (the Recruitment Exercise Approvals) and Document 7.5 (the letter of offer dated 5 December 2016) all contained the personal information of Caitlin Wu; and
b) claim that Caitlin Wu was not consulted?

That makes no sense, unless, of course, staff in the APSC lied about the applicability of the processes available under s 27A of the FOI Act in the relevant instance.

Also, thank you for confirming that the claimed conditional exemptions (s 47F) over Documents 7.6 and 7.7 were falsely claimed. Please ensure that falsehoods are not communicated in your items of correspondence going forward.

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,

Louise

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Louise

 

I am writing to acknowledge receipt of your request under the Freedom of
Information Act 1982 for access to documents held by the Commission.

 

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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