Access to documents released administratively
Dear Australian Public Service Commission,
This is a request made under the Freedom of Information Act 1982 (Cth).
According to a document on the FOI disclosure log on the APSC website (LEX 559), documents were released administratively under LEX 540 (reference SHC23-4379), LEX 544 (reference SHC23-4513), LEX 545 (reference SHC23-4540), and LEX 546 (SHC23-4521).
Subject to those documents being released administratively pursuant to this request for access, under the FOI Act, I request access to the administratively released documents associated with LEX 540, LEX 544, LEX 545, and LEX 546.
Yours faithfully,
Anselmo Cristobal Hernandez y Pinal
OFFICIAL
Good Afternoon Anselmo,
I am writing to acknowledge receipt of your request under the Freedom of
Information Act 1982 for access to documents held by the Australian Public
Service Commission (The Commission).
The timeframe for responding to your request is 30 days from the date of
receipt. Therefore, the due date for this request is Wednesday 18 October
2023.
This timeframe may be extended in certain circumstances. You will be
notified if these circumstances arise and the timeframe is extended.
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 3813 w: [1]www.apsc.gov.au
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attachments to a third party.
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OFFICIAL
Good afternoon Anselmo,
Please find attached a decision notice in relation to your recent freedom
of information request.
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 3813 w: [1]www.apsc.gov.au
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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.
______________________________________________________________________
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
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Dear Ms McIntyre,
Please pass this 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 'Access to documents released administratively'.
These documents that you have refused access to were released administratively to a person who made an FOI request for them. Why would these documents have been released administratively in response to an FOI request if, as you say, it is contrary to the public interest to grant access to them? Why would the APSC privilege one access applicant over another?
Your decision doesn't make sense. It seems discriminatory.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/a...
Yours faithfully,
Anselmo Cristobal Hernandez y Pinal
OFFICIAL
Good afternoon Anselmo,
The Australian Public Service Commission (the Commission) 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.
Please note that there is a new LEX number for your internal review
request. All correspondences will be referred under LEX 683.
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 3813 w: [1]www.apsc.gov.au
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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.
______________________________________________________________________
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.
______________________________________________________________________
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OFFICIAL
Good afternoon Anselmo,
Please find attached a decision notice in relation to your recent request
for internal review.
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 3813 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.
______________________________________________________________________
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
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[1]Office of the Australian Information Reference Code:
Commissioner ICR_10-55612210-4118
You submitted a form called: FOI Review_
Your form reference code is: ICR_10-55612210-4118
To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
Note: Please do not reply to this auto-generated email.
References
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3. file:///tmp/tel:1300 363 992
4. mailto:[email address]
Our reference: MR23/01389
By email: [FOI #10699 email]
Receipt of your IC review application
Thank you for your application for Information Commissioner Review (IC
review).
The Office of the Australian Information Commissioner (OAIC) is
considering your application.
If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR23/01389.
Yours sincerely
Freedom of Information Regulatory Group
Office of the Australian Information Commissioner
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
Our reference: MR23/01389
Agency reference: LEX 683
Mr Anslemo Hernandez
By email: [1][FOI #10699 email]
Dear Mr Hernandez,
Thank you for your application for review. We apologise for our delay in
contacting you about your application. On the 8^th of May 2024, we
informed the Australian Public Service Commission that the Information
Commissioner will undertake an IC review and requested information to
assist with progressing with the review.
We will provide you with an update when we have heard from the Australian
Public Service Commission.
Kind regards,
[2][IMG] Ellie O’Kearney (she/her)
Paralegal | FOI Branch
Office of the Australian Information Commissioner
Sydney | GPO Box 5288 Sydney NSW 2001>
P 1300 363 992 E [3][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[4]Subscribe to Information Matters
Notice:
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be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
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2. https://www.oaic.gov.au/
3. mailto:[email address]
4. https://www.oaic.gov.au/engage-with-us/n...
OFFICIAL
OFFICIAL
Dear Applicant
Please find attached a revised decision made under section 55G of the
Freedom of Information Act 1982 as well as the documents released to you.
We will provide a copy of our revised decision to the Office of the
Australian Information Commissioner.
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
w: [1]www.apsc.gov.au
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icon [5]cid:image006.png@01DA79D6.B13C6B20
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.
______________________________________________________________________
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
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3. https://twitter.com/PublicServiceAU
4. https://www.facebook.com/AusPublicService/
Our reference: MR23/01389
Agency initial decision reference: LEX 650
Agency internal review decision reference: LEX 683
By email: [1][FOI #10699 email]
Information Commissioner review application about the Australian Public
Service Commission
Dear Anslemo Hernandez,
I refer to the application for Information Commissioner review (IC review)
of an internal review decision made by the Australian Public Service
Commission (the Agency) under the Freedom of Information Act 1982 (Cth)
(the FOI Act).
I note that:
* On 17 November 2023, the Agency notified the FOI applicant of their
internal review decision via the nominated Right to Know (RTK)
electronic address ‘[FOI #10699 email]’
1. On the same day, the Office of the Australian Information Commissioner
(OAIC) received an IC review application which similarly provided the
contact email address of
‘[FOI #10699 email]’
At this time, the OAIC does not have sufficient evidence to be satisfied
that you were the FOI applicant and, therefore, that you had a right to
apply for IC review.
Action required by you before: 26 June 2024
Section 54L(3) of the FOI Act provides that an Information Commissioner
review (IC review) application may be made by, or on behalf of, the person
who made the request to which the decision relates.
As such, if you wish to proceed with this IC review, please provide a copy
of any notification emails sent by the Right to Know website’s
administrator about the FOI request or a screenshot of the ‘My requests’
page of your account on the Right to Know website (after you log into your
Right to Know account) showing the FOI request in question. You may also
upload a plain text copy of this correspondence to the request on Right to
Know and provide us with confirmation of this.
Discretion not to continue to undertake an IC review
Under s 54W(c) of the FOI Act, the Information Commissioner may decide not
to continue to undertake a review if an applicant fails to comply with a
[2]direction of the Information Commissioner. [1.3]
The Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews, issued by the Australian Information
Commissioner under s 55(2)(e)(i), states:
* An application for IC review may be made by, or on behalf of, the person
who made the request to which decision relates (s 54L(3)). The OAIC may
require information about the applicant’s identity to establish that
they are the person who made the original FOI request or evidence that a
third party is authorised to seek review of the decision by that person.
[1.15]
1. The Information Commissioner may decide not to undertake an IC review,
or not continue to undertake an IC review, where an IC review
applicant has failed to cooperate in progressing the IC review
application or the IC review without reasonable excuse (s 54W(a)(ii)).
[1.24]
2. Applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond. Applicants who are satisfied with the decision and do not
wish to proceed with the IC review must advise the OAIC in writing.
Applicants who are not satisfied with the Agency or Minister’s
decision must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review. [1.22] and
[1.33]
If you do not provide the information requested by 26 June 2024, the OAIC
will finalise this matter on the basis that we are not satisfied the IC
review application has been made by, or on behalf of, the person who made
the FOI request.
Assistance
If you are unable to respond by 26 June 2024, you must request more time
at the earliest opportunity and no later than 24 June 2024. Requests for
more time must explain why you need more time, and you must propose a new
date to provide your response.
If you require assistance regarding this email, please contact us at
[3][email address].
Please quote the reference MR23/01389 in all correspondence.
Kind regards,
[4][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney
P 1300 363 992 E [5][email address]
The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and present.
[6]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #10699 email]
2. https://www.oaic.gov.au/engage-with-us/c...
3. mailto:[email address]
4. https://urldefense.proofpoint.com/v2/url...
5. mailto:[email address]
6. https://urldefense.proofpoint.com/v2/url...
Our reference: MR23/01389
Agency initial decision reference: LEX 650
Agency internal review decision reference: LEX 683
By email: [1][FOI #10699 email]
Information Commissioner review application about the Federal Court of
Australia
Dear Mr Hernandez,
We refer to our email below and note we have not received a response from
you.
Section 54L(3) of the FOI Act provides that an Information Commissioner
review (IC review) application may be made by, or on behalf of, the person
who made the request to which the decision relates.
On 12 June 2024, we wrote to you and advised that if you wished to proceed
with this IC review, you needed to provide a copy of any notification
emails sent by the Right to Know website’s administrator about the FOI
request or a screenshot of the ‘My requests’ page of your account on the
Right to Know website (after you log into your Right to Know account)
showing the FOI request in question. We also advised that you could upload
this correspondence to the request on Right to Know and provide us with
confirmation of this.
In this correspondence we advised that if we did not receive a response
from you by 26 June 2024, the application will be finalised as invalid, as
it does not meet the requirements of s 54L(3), and therefore is invalid
under s 54N of the FOI Act.
We have not received a response from you and as such, we have finalised
you matter as invalid.
If you would like to discuss this matter, I can be reached by email at
[2][email address]. Please quote the reference number MR23/01389 in all
correspondence.
Your application is now closed.
Review Rights
If you are unhappy with the way we have handled this matter, you may
complain to the Commonwealth Ombudsman. This service is free, and you can
contact the office on 1300 362 072 or visit [3]www.ombudsman.gov.au.
Kind regards,
[4][IMG] Hannah Holswilder
Director, Freedom of Information Branch
Office of the Australian Information Commissioner
Adelaide | GPO Box 5288 Sydney NSW 2001
E [5][email address]
The OAIC acknowledges Traditional Custodians of Country across
Australia and their continuing connection to land, waters and
communities. We pay our respect to First Nations people,
cultures and Elders past and present.
[6]Subscribe to Information Matters
From: OAIC - FOI DR
Sent: Wednesday, June 12, 2024 4:10 PM
To: [FOI #10699 email]
Subject: OAIC – Response Required – MR23/01389 – Information Commissioner
review application about the Australian Public Service Commission
Our reference: MR23/01389
Agency initial decision reference: LEX 650
Agency internal review decision reference: LEX 683
By email: [7][FOI #10699 email]
Information Commissioner review application about the Australian Public
Service Commission
Dear Anslemo Hernandez,
I refer to the application for Information Commissioner review (IC review)
of an internal review decision made by the Australian Public Service
Commission (the Agency) under the Freedom of Information Act 1982 (Cth)
(the FOI Act).
I note that:
* On 17 November 2023, the Agency notified the FOI applicant of their
internal review decision via the nominated Right to Know (RTK)
electronic address ‘[FOI #10699 email]’
1. On the same day, the Office of the Australian Information Commissioner
(OAIC) received an IC review application which similarly provided the
contact email address of
‘[FOI #10699 email]’
At this time, the OAIC does not have sufficient evidence to be satisfied
that you were the FOI applicant and, therefore, that you had a right to
apply for IC review.
Action required by you before: 26 June 2024
Section 54L(3) of the FOI Act provides that an Information Commissioner
review (IC review) application may be made by, or on behalf of, the person
who made the request to which the decision relates.
As such, if you wish to proceed with this IC review, please provide a copy
of any notification emails sent by the Right to Know website’s
administrator about the FOI request or a screenshot of the ‘My requests’
page of your account on the Right to Know website (after you log into your
Right to Know account) showing the FOI request in question. You may also
upload a plain text copy of this correspondence to the request on Right to
Know and provide us with confirmation of this.
Discretion not to continue to undertake an IC review
Under s 54W(c) of the FOI Act, the Information Commissioner may decide not
to continue to undertake a review if an applicant fails to comply with a
[8]direction of the Information Commissioner. [1.3]
The Direction as to certain procedures to be followed by applicants in
Information Commissioner reviews, issued by the Australian Information
Commissioner under s 55(2)(e)(i), states:
* An application for IC review may be made by, or on behalf of, the person
who made the request to which decision relates (s 54L(3)). The OAIC may
require information about the applicant’s identity to establish that
they are the person who made the original FOI request or evidence that a
third party is authorised to seek review of the decision by that person.
[1.15]
1. The Information Commissioner may decide not to undertake an IC review,
or not continue to undertake an IC review, where an IC review
applicant has failed to cooperate in progressing the IC review
application or the IC review without reasonable excuse (s 54W(a)(ii)).
[1.24]
2. Applicants must respond to enquiries from the OAIC within the period
provided unless there are circumstances warranting a longer period to
respond. Applicants who are satisfied with the decision and do not
wish to proceed with the IC review must advise the OAIC in writing.
Applicants who are not satisfied with the Agency or Minister’s
decision must explain why they disagree with the decision and the
basis on which they wish to proceed with the IC review. [1.22] and
[1.33]
If you do not provide the information requested by 26 June 2024, the OAIC
will finalise this matter on the basis that we are not satisfied the IC
review application has been made by, or on behalf of, the person who made
the FOI request.
Assistance
If you are unable to respond by 26 June 2024, you must request more time
at the earliest opportunity and no later than 24 June 2024. Requests for
more time must explain why you need more time, and you must propose a new
date to provide your response.
If you require assistance regarding this email, please contact us at
[9][email address].
Please quote the reference MR23/01389 in all correspondence.
Kind regards,
[10][IMG] Georgia Furlong (she/her)
Review Advisor
Freedom of Information Branch
Office of the Australian Information Commissioner
Sydney
P 1300 363 992 E [11][email address]
The OAIC acknowledges Traditional Custodians of Country across Australia
and their continuing connection to land, waters and communities. We pay
our respect to First Nations people, cultures and Elders past and present.
[12]Subscribe to Information Matters
Notice:
The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.
References
Visible links
1. mailto:[FOI #10699 email]
2. mailto:[email address]
3. http://www.ombudsman.gov.au/
4. https://www.oaic.gov.au/
5. mailto:[email address]
6. https://www.oaic.gov.au/engage-with-us/n...
7. mailto:[FOI #10699 email]
8. https://www.oaic.gov.au/engage-with-us/c...
9. mailto:[email address]
10. https://urldefense.proofpoint.com/v2/url...
11. mailto:[email address]
12. https://urldefense.proofpoint.com/v2/url...