Who staff in the APSC contacted as part of s 47F exemption claim

Currently waiting for a response from Australian Public Service Commission, they should respond promptly and normally no later than (details).

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.

On 3 June 2022, Ms Strangio of the APSC sent me an email in response to a request I made on 7 May 2022. That request can be accessed here:

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

In her response to my FOI request of 7 May 2022, Ms Strangio stated:

For clarity, I note that the Commission did undertake consultations with third parties when processing your FOI request dated 25 February 2022. In fact, documents 7.6 and 7.7 formed a part of the Commission’s third party consultation package. It was just that documents 7.6 and 7.7 did not contain personal information. As set out in the document schedule in the 8 April 2022 decision, documents 7.1 to 7.7 were email attachments to document 7. Noting this, it would be extremely difficult for the Commission to undertake proper and effective third party consultations for document 7 if the Commission removed some attachments (i.e. 7.6 and 7.7) from that consultation pack.

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

a) the consultation letter/s sent to the natural person/s whose personal information was contained in Document 7.3 (Ms Caitlin Wu's job application), Document 7.4 (the Recruitment Exercise Approvals) and Document 7.5 (the letter of offer provided to Caitlin Wu dated 5 December 2016).

Yours faithfully,

Louise

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Louise

 

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        

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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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