Documents relating to Iain Anderson’s appointment as Commonwealth Ombudsman
Dear Commonwealth Ombudsman,
Under the FOI Act I request access to documents in the possession of the Office of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as Commonwealth Ombudsman.
Yours faithfully,
James Andrew Douglass
Dear Commonwealth Ombudsman,
Would you please acknowledge receipt of my FOI request of 20 April?
Yours faithfully,
James Andrew Douglass
OFFICIAL
Dear James
Our ref: FOI-2023-10048
11 May 2023
Emailed to: [1][FOI #10187 email]
Freedom of Information request – Acknowledgment
I acknowledge receipt of your correspondence dated 20 April 2023 in which
you requested access to documents under the Freedom of Information Act
1982 (FOI Act). Your request for documents was framed in the following
way:
‘Under the FOI Act I request access to documents in the possession of the Office
of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as
Commonwealth Ombudsman.’
Duplicates/irrelevant information
There may be duplicate copies of documents related to our request. Unless
you advise us you wish to receive multiple copies, we will only consider
and make a decision on one copy of each document.
Timeframes
You should expect a decision from us within 30 days from the date we
received your FOI request. This 30 day period may be extended if we need
to consult third parties, impose a charge (a fee for processing your
request) or for other reasons. We will let you know if this happens.
If you have any questions, you may contact me via email at
[2][email address] or by using the contact details in
the footer of this email.
Yours sincerely
David
Legal Officer
Legal Team
Commonwealth Ombudsman
Phone: 1300 362 072
Email: [3][email address]
Website: [4]ombudsman.gov.au
[5][IMG]
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[FOI #10187 email]
2. mailto:[email address]
3. mailto:[email address]
4. https://ombudsman.gov.au/
5. http://www.ombudsman.gov.au/
OFFICIAL
Dear James Andrew Douglass
I refer to your request to the Office of the Commonwealth Ombudsman dated 20 April 2023. On 11 May 2023, this Office acknowledged your request.
I note that you have requested documents in the possession of the Office relating to Iain Anderson's appointment as Commonwealth Ombudsman.
The appointment and recruitment process was ran by the Attorney-General's Department (AGD).
According to the AGD's FOI Disclosure Log, a similar request was made to the AGD for documents relating to Iain Anderson's appointment as Ombudsman and released recently on 23 March 2023. See https://www.ag.gov.au/rights-and-protect...
Reference number - FOI22/341
Date - 22 March 2023
Request - Documents relating to Iain Anderson’s appointment as Commonwealth Ombudsman.
Information published - 2 documents released in full and 11 documents released in part.
Decision-maker - Attorney-General’s Department
I would strongly encourage you contact the Attorney-General's Department to request these documents at [email address]
If you agree to this course, please advise by return email if you wish to withdraw or revise your request as soon as possible.
Alternatively, the Office might consider transferring the request to AGD under s 16 and even a practical refusal mechanism (if the request would constitute a substantial and unreasonable diversion of resources) under s 24 the FOI Act.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [email address]
Website: http://www.ombudsman.gov.au/
Influencing systemic improvement in public administration
Dear Steven,
Thank you for your response.
I have requested access to documents in the possession of the Office of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as Commonwealth Ombudsman. I would like to be provided with access to the documents in the possession of the Office of the Commonwealth Ombudsman.
I am aware of the documents that are in the possession of the AGD because I applied for access to those documents: https://www.righttoknow.org.au/request/d.... I requested access to them on 20 April 2023 and access was provided to those documents on 20 April 2023 by Leonie in the AGD.
Before you attempt to transfer this FOI request to the AGD, I suggest that you carefully read the Federal Court's judgment in Bienstein v Attorney-General [2007] FCA 1174, and pay particular attention to paragraphs 32-37, and 38, where the Court noted that an applicant has a right to access whatever documents are in the possession of an agency.
To the extent that there is any ambiguity, I state explicitly that I am exercising my right to access documents in the possession, and only in the possession, of the Office of the Commonwealth Ombudsman relating to Iain Anderson’s appointment as Commonwealth Ombudsman. Thus, there can be no ground for transferring the FOI request to the AGD unless provided for by the terms of the FOI Act itself and the judgments of the federal judiciary interpreting that enactment.
I hope this message clarifies my position.
Yours sincerely,
James Andrew Douglass
Dear James Andrew Douglass
Thank you for your email. I confirm that the Office will proceed to process your request (FOI-2023-10048).
If I might request an extension of time of 7 days to make a decision on your request, until Friday 26 May 2023.
Under s 15AA of the Freedom of Information Act 1982 (Cth), an agency may extend the time for dealing with a request if the applicant agrees in writing to the extension. If you agree, please indicate by return email of your agreement.
I confirm we have retrieved relevant documents in scope, and the processing of your request is underway.
Alternatively, if you are not able to respond today, we may apply to the Information Commissioner for an extension of time under s 15AC of the FOI Act.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [email address]
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
Dear Steven,
Before I accede to your request for an extension of time, would you please advise:
i. how many documents within scope have been retrieved;
ii. why the standard time period has been insufficient to process my FOI request?
Based on your responses, I may better have an understanding of the circumstances and, in turn, make a more informed decision in respect of your request.
Yours sincerely,
James Andrew Douglass
OFFICIAL
Dear James Andrew Douglass
Thank you for your email response of 22 May 2023.
I can indicate that there are at least 35 documents for consideration for access under the FOI Act. I do hope that we will be able to provide you with a decision on the request this Friday 26 May 2023.
Given it is now more than 30 days since the FOI request was received, we must now request an extension of time from the Information Commissioner under s 15AC of the FOI Act.
Although, they will take into account if you agree with the extension.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [email address]
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
OFFICIAL
Dear James Andrew Douglass
I refer to your recent Freedom of Information request. I am writing to apologise for the delay in responding to your FOI request and providing a notice of decision.
We have been undertaking an informal consultation process with the Attorney-General's Department on the potential release of documents and this has delayed the processing of your request and decision. The matter is now at the Quality Assurance stage of our processes and I anticipate we should be able to provide a decision and documents released to you this week.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [email address]
Website: www.ombudsman.gov.au
Influencing systemic improvement in public administration
OFFICIAL
Dear James Andrew Douglass
I refer to your request to the Office of the Commonwealth Ombudsman made
under the Freedom of Information Act 1982 (Cth). I must apologise for the
delay in providing the decision to you.
In accordance with the request, please find attached:
o Decision notice dated 7 July 2023; and
o Documents released in accordance with the decision.
A copy will be notified to the Office of the Australian Information
Commissioner, following your application for IC review of 14 June 2023.
Kind regards
Steven
Senior Legal Officer | Legal Team
COMMONWEALTH OMBUDSMAN
Ph: 1300 362 072
Email: [1][email address]
Website: [2]www.ombudsman.gov.au
[3]ombudsman
Influencing systemic improvement in public administration
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
References
Visible links
1. mailto:[email address]
2. http://www.ombudsman.gov.au/
3. http://www.ombudsman.gov.au/
Dear Information Access,
Our reference: MR23/00721
Agency reference: FOI-2023-10048
I wanted to check if there had been any movement on IC review MR23/00721 on the part of the Office of the Commonwealth Ombudsman. I would appreciate an update.
Yours sincerely,
James Andrew Douglass
OFFICIAL
Dear Mr Douglass
The Office has provided submissions to the Office of the Australian Information Commissioner (OAIC), as requested, in July 2023. As you are aware, a decision was released to you in July 2023.
We have not received any further requests from OAIC but will respond appropriately if further requests are received.
Kind regards
Natalie
Director Legal
Defence, Investigations, ACT & Legal Branch
ombudsman.gov.au
Level 5, 14 Childers St Canberra ACT 2600
Proud to be working on the lands of the Ngunnawal and Ngambri people. The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia and their continuing connection to land, culture and community. We pay our respects to Elders past and present.
OAIC reference: MR23/00721
Agency reference: FOI-2023-10048
Dear Natalie,
Thanks for your email.
I'd like to clarify comments in your email.
In your email, you noted:
1) that the Office of the Commonwealth Ombudsman provided submissions to the OAIC in July 2023, and
2) since providing those submissions, the Office of the Commonwealth Ombudsman has not received any further requests from the OAIC.
On 23 August 2023, a month after July 2023, I received an email from Ms Dipali Goel noting that the OAIC had "today informed the Commonwealth Ombudsman that the Information Commissioner will undertake an IC review and requested information to assist with progressing the review": https://www.righttoknow.org.au/request/a...
Ms Goel's statement dated 23 August 2023 appears to conflict with your claims that:
1) that the Office of the Commonwealth Ombudsman provided submissions to the OAIC in July 2023, and
2) since providing those submissions, the Office of the Commonwealth Ombudsman has not received any further requests from the OAIC.
Would you please confirm or deny whether the Office of the Commonwealth Ombudsman did, as Ms Goel stated, receive an email from the OAIC on 23 August 2023 informing the Commonwealth Ombudsman that the Information Commissioner will undertake an IC review and that, as part of that notification, the OAIC requested information to assist with progressing the review?
Would you also please provide me with the submissions, which you adverted to in your email, that the Office of the Commonwealth Ombudsman has made to the OAIC in respect of MR23/00721.
The new process is that submissions made available to the OAIC should also be made available to the access applicant at the same time that they are made available to the OAIC. I would like to review the Commonwealth Ombudsman's submissions please.
Yours sincerely,
James Andrew Douglass
OFFICIAL
Dear Mr Douglass
Thank you for your further email.
I have re- checked our system and confirm I have located records which show the Office was provided with a Notice of IC review and request for documents on 23 August 2023. The Office responded to this Notice on 8 September 2023 and the matter remains with OAIC for consideration.
I note your request for a copy of the submissions, given the age of your review I understand that OAIC will contact you further including providing relevant material as they deem suitable. I have extracted our responses below in the meantime.
On 13 July 2023, the following information was provided in response to Preliminary Inquiries:
I refer the above IC review application and your correspondence of 14 June 2023 and 4 July 2023. I apologise for the delay in responding. To answer the preliminary inquiries under s 54V of the Freedom of Information 1982 (Cth) (FOI Act):
1. Is the applicant’s FOI request deemed to have been refused pursuant to s 15AC?
Yes, the FOI request received by the Office of the Commonwealth Ombudsman (the Office) on 20 April 2023 is deemed to be refused.
a) If yes, please advise the date the decision became deemed pursuant to s 15AC?
The decision became deemed on 20 May 2023, under s 15AC(3) FOI Act.
2. If the decision is not deemed to have been refused, please provide a response to this IC review application, including submissions addressing why the Ombudsman considers that s 15AC does not apply.
Decision varying refusal
On 7 July 2023, this Office varied the access refusal decision. The Office identified six documents relevant to the request. Three documents were released in full and three documents released in part, with conditional exemptions under s 47E(d) and s 47F of the FOI Act applied. The decision notice and documents released were sent to the applicant on 11 July 2023.
We attach:
• Email dated 11 July 2023 to the applicant notifying of the decision dated 7 July 2023
• Documents released to the applicant in redacted form, and
• Marked up version of the documents released (not to be released to the applicant).
On 8 September 2023, the following was provided to OAIC in response to the Notice of IC review:
I refer to your letter of 23 August 2023, in which you advised that the review applicant contends that further documents exist within the scope of their request.
As per 10.100 of the Guidelines, please find attached the correspondence chain regarding searches. OAIC is in possession of the original request. It was not modified.
Submissions in support of the decision
Searches were undertaken internally within the Office. 33 documents were located as being potentially relevant to the request. I understand that that figure was indicated to the applicant when this Office sought an extension of time. Those documents were then more carefully reviewed.
Of those 33 documents, 22 were found to relate not to the appointment of the Ombudsman but to his commencement in the Office which occurred after his appointment. The original decision maker determined these were outside the scope of the request. The Office maintains that these documents
are outside the scope of the request. I note for completeness that these documents contain a significant amount of personal information which would be unreasonable to release.
Of the remaining 11 documents:
- 6 were released
- 2 documents relate to the previous Ombudsman and are therefore outside the scope of the request.
- One document was a ‘feed’ containing a link to a containing a media release from the Attorney General about the appointment of the Ombudsman. This is a publicly available media release which can be found at https://ministers.ag.gov.au/media-centre... appointment-21-07-2022.
- Two documents (an email and attachment) recorded that the job pack for the Commonwealth Ombudsman had been saved in the Office’s internal system, and the attached link appearing to be the job pack was broken. I note the job pack itself was released to the applicant.
We will await further correspondence from OAIC.
Kind regards
Natalie
Director Legal
Defence, Investigations, ACT & Legal Branch
ombudsman.gov.au
Level 5, 14 Childers St Canberra ACT 2600
Proud to be working on the lands of the Ngunnawal and Ngambri people. The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia and their continuing connection to land, culture and community. We pay our respects to Elders past and present.
James Andrew Douglass left an annotation ()
IC review reasons:
https://www.righttoknow.org.au/request/a...