ABCC and Building Code

Response to this request is long overdue. By law, under all circumstances, Prime Minister should have responded by now (details). You can complain by requesting an internal review.

Dear Prime Minister,

I seek access to the following documents under the FOI Act 1982:

1.Communication between the Prime Minister’s Office and any office holder, official or employee of the AWU, CFMMEU or ACTU during the period 1 June 2022 to 25 July 2022 in relation to the Australian Building and Construction Commission (ABCC), the Code for the Tendering and Performance of Building Work 2016 (Building Code) or the Code for the Tendering and Performance of Building Work Amendment Instrument (Amended Building Code).

2.Internal communications between members of the Prime Minister’s office (including the Prime Minister) during the period 1 June 2022 to 25 July 2022 in relation to the Australian Building and Construction Commission (ABCC), the Building Code or the Amended Building Code.

In this request a reference to the Prime Minister’s Office includes the Prime Minister.

For the avoidance of doubt, the request includes all forms of communication including emails (including attachments), memorandums or notes, electronic communications such as SMS, WhatsApp messages, iMessages and Signal messages.

Yours faithfully,

BE

FOI, Prime Minister

2 Attachments

OFFICIAL

Reference: PM/2022/006

 

Dear BM

 

The purpose of this email is to acknowledge the request you made to the
Prime Minister’s Office (PMO) for access under the Freedom of Information
Act 1982 (the Act).

 

The Department of the Prime Minister and Cabinet (PM&C) provides
administrative support to the PMO for the processing of their Freedom of
Information (FOI) requests. We have forwarded your request to the PMO for
consideration. When corresponding with PM&C about this request please
include the reference number of PM/2022/006.

 

FOI Timeframes

Your request was received on 8 August 2022. The 30 day statutory period
for processing your request commenced from the day after it was received,
you should therefore expect a decision by 7 September 2022.

 

The processing period of 30 days may be extended in certain circumstances
and we will write to you separately regarding any extension of time.

 

Yours sincerely

Leisha

 

Coordinator | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address]  w. [2]pmc.gov.au

 

[3]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

 

 

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/

FOI, Prime Minister

OFFICIAL

Reference: PM/2022/006

 

Dear BE

We refer your request of 8 August 2022 for access to documents held by the
Prime Minister’s Office under the Freedom of Information Act 1982.

The current due date for a decision on this request is 7 September 2022.
Searches for relevant documents are being undertaken, regrettably though
the Prime Minister’s Office is not currently in a position to finalise the
decision by this date.

Accordingly, we are seeking your agreement to a 30-day extension of time
under section 15AA of the FOI Act. We will endeavour to notify you of the
decision prior to this extended date if possible.

If you agree to this request for an extension of time, we ask that you
confirm this in writing via return email by COB Tuesday 6 September 2022.

If you have any questions, please do not hesitate to contact us and quote
your reference number PM/22/006.

Kind regards

Janelle

 

Janelle | Senior Adviser

FOI and Privacy Section | Legal Policy Branch

Department of the Prime Minister and Cabinet

p. (02) 6271 5950

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

Dear FOI,

Thank you for your email.

It is difficult to consider the appropriateness of this request given that no reason at all has been given for the delay by the Prime Minister and his office in processing the request.

However, despite that, I am willing to agree to the 30 day extension provided that there are no further requests for extension (including if consultation is required with third parties) or requests to refine or reduce the scope. The extension is also agreed to on the basis that the parties both agree that the scope of the request does not represent an unreasonable diversion of resources (ie there is no practical refusal reason).

Given the lack of any reason being provided for the requested extension and the late stage at which the request was made (as well as the lengthy nature of the extension requested) the above conditions are appropriate and necessary to ensure that a decision is made without further unnecessary delay.

Yours sincerely,

BE

FOI, Prime Minister

4 Attachments

OFFICIAL

Reference: PM/2022/006

 

Dear BE

 

Thank you for your email and consideration of the request for an
extension.

 

The purpose of seeking an extension is to keep your FOI request within
time. The Office is committed to processing all requests that it receives
and endeavours to complete those requests within statutory timeframes. The
email explained that searches for records was ongoing, this is the reason
further time was required to allow those searches to be completed and
ensure sufficient time to finalise a decision under the FOI Act. If the
Office is in a position to finalise a decision prior to the extension it
will do so.

 

We note that the FOI Act has built in provisions and operations that
provide for extensions to enable agencies and Minister’s to manage their
FOI requests and keep them within time. The Office would like to work with
applicants in managing the timeframes of its requests and, based on
current information, the Office does not anticipate additional time being
required beyond these additional 30 days. Based on current information,
the Office also does not anticipate making a practical refusal notice. We
will keep you updated on the progress of this request if circumstances
change.

 

Yours sincerely

Janelle

 

Janelle | Senior Adviser

FOI and Privacy Section | Legal Policy Branch

Department of the Prime Minister and Cabinet

p. (02) 6271 5950

 

Ngunnawal Country, One National Circuit  Barton  ACT  2600  |  PO Box
6500  CANBERRA  ACT  2600
e. [1][email address]  w. [2]pmc.gov.au

[3]cid:image001.jpg@01D78E24.FF2DAFB0[4]cid:image002.jpg@01D78E24.FF2DAFB0

[5]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

 

 

 

-----Original Message-----
From: BE <[FOI #9247 email]>
Sent: Monday, 5 September 2022 9:05 AM
To: FOI <[email address]>
Subject: Re: FOI Request - Seeking extension of time - PM/22/006
[SEC=OFFICIAL]

 

Dear FOI,

 

 

 

Thank you for your email. 

 

 

 

It is difficult to consider the appropriateness of this request given that
no reason at all has been given for the delay by the Prime Minister and
his office in processing the request. 

 

 

 

However, despite that, I am willing to agree to the 30 day extension
provided that there are no further requests for extension (including if
consultation is required with third parties) or requests to refine or
reduce the scope.  The extension is also agreed to on the basis that the
parties both agree that the scope of the request does not represent an
unreasonable diversion of resources (ie there is no practical refusal
reason).

 

 

 

Given the lack of any reason being provided for the requested extension
and the late stage at which the request was made (as well as the lengthy
nature of the extension requested) the above conditions are appropriate
and necessary to ensure that a decision is made without further
unnecessary delay.

 

 

 

Yours sincerely,

 

 

 

BE

 

 

 

-----Original Message-----

 

 

 

OFFICIAL

 

 

 

Reference: PM/2022/006

 

 

 

 

 

 

 

Dear BE

 

 

 

We refer your request of 8 August 2022 for access to documents held by the

 

Prime Minister’s Office under the Freedom of Information Act 1982.

 

 

 

The current due date for a decision on this request is 7 September 2022.

 

Searches for relevant documents are being undertaken, regrettably though

 

the Prime Minister’s Office is not currently in a position to finalise the

 

decision by this date.

 

 

 

Accordingly, we are seeking your agreement to a 30-day extension of time

 

under section 15AA of the FOI Act. We will endeavour to notify you of the

 

decision prior to this extended date if possible.

 

 

 

If you agree to this request for an extension of time, we ask that you

 

confirm this in writing via return email by COB Tuesday 6 September 2022.

 

 

 

If you have any questions, please do not hesitate to contact us and quote

 

your reference number PM/22/006.

 

 

 

Kind regards

 

 

 

Janelle

 

 

 

 

 

 

 

Janelle | Senior Adviser

 

 

 

FOI and Privacy Section | Legal Policy Branch

 

 

 

Department of the Prime Minister and Cabinet

 

 

 

p. (02) 6271 5950

 

 

 

 

 

 

 

______________________________________________________________________ 

 

IMPORTANT: This message, and any attachments to it, contains information 

 

that is confidential and may also be the subject of legal professional or 

 

other privilege. If you are not the intended recipient of this message,

 

you 

 

must not review, copy, disseminate or disclose its contents to any other 

 

party or take action in reliance of any material contained within it. If

 

you 

 

have received this message in error, please notify the sender immediately

 

by 

 

return email informing them of the mistake and delete all copies of the 

 

message from your computer system. 

 

______________________________________________________________________

 

 

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

 

[FOI #9247 email]

 

 

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

 

https://www.righttoknow.org.au/help/offi...

 

 

 

Please note that in some cases publication of requests and responses will
be delayed.

 

 

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

 

-------------------------------------------------------------------

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/
3. https://twitter.com/pmc_gov_au
4. https://www.linkedin.com/company/departm...

hide quoted sections

FOI, Prime Minister

3 Attachments

OFFICIAL

Dear BE

 

Please see the attached correspondence regarding your Freedom of
Information request.

 

Regards  Robyn

 

Robyn | Adviser

Freedom of Information | Government Division

p. 02 6271 5849| e. [1][Prime Minister request email]

[2]cid:image003.jpg@01D78E24.FF2DAFB0 The
Department
acknowledges
and pays
respect to
the past,
present and
emerging
Elders and
Traditional
Custodians
of Country,
and the
continuation
of cultural,
spiritual
and
educational
practices of
Aboriginal
and Torres
Strait
Islander
peoples.

 

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[Prime Minister request email]

FOI, Prime Minister

2 Attachments

OFFICIAL

FOI Reference: PM/22/006IC

OAIC Reference: MR 22/01812

 

Good afternoon BE

 

We write to you on behalf of the Prime Minister’s office. Please see
attached a revised decision under section 55G of the Freedom of
Information Act 1982 in response to your request PM/22/006IC.

 

Kind regards

Tim

 

Adviser | FOI Section[]

Department of the Prime Minister and Cabinet

p. (02) 6271 5849

Ngunnawal Country | One National Circuit Barton ACT 2600 | PO Box
6500 CANBERRA ACT 2600
e. [1][email address]  w. [2]pmc.gov.au

 

______________________________________________________________________ 
IMPORTANT: This message, and any attachments to it, contains information 
that is confidential and may also be the subject of legal professional or 
other privilege. If you are not the intended recipient of this message,
you 
must not review, copy, disseminate or disclose its contents to any other 
party or take action in reliance of any material contained within it. If
you 
have received this message in error, please notify the sender immediately
by 
return email informing them of the mistake and delete all copies of the 
message from your computer system. 
______________________________________________________________________

References

Visible links
1. mailto:[email address]
2. https://www.pmc.gov.au/