APSC and the Minister
Dear Australian Public Service Commission,
The decision of the Full Bench of the Fair Work Commission in [2019] FWCFB 143 available here:
https://www.fwc.gov.au/documents/decisio...
indicates that senior staff at the APSC and the Department of Home Affairs likely engaged in unlawful conduct (per the requirements of the Public Service Act 1999 and the Legal Services Directions 2017) in the process of the negotiation of the enterprise agreement the subject of the FWC’s decision. The unlawful conduct identified by the FWC constitutes disclosable conduct for the purposes of the Public Interest Disclosure Act 2013.
Under the FOI Act, I seek a copy of any briefing materials provided by the APSC, to the Minister for the Public Service, and/or his office, between the inclusive dates of 2 January 2019 and the date of this FOI application.
Yours faithfully,
M Poler
Dear M Poler
Acknowledgement of FOI request
The Australian Public Service Commission (the Commission) acknowledges receipt of your request dated 25 January 2019, under the Freedom of Information Act 1982 (Cth) (FOI Act), seeking access to 'a copy of any briefing materials provided by the APSC, to the Minister for the Public Service, and/or his office, between the inclusive dates of 2 January 2019 and the date of this FOI application'.
Timeframe
The statutory timeframe for responding to your request under the FOI Act is 30 days from the date of receipt. This timeframe may be extended in certain circumstances, and we will advise you if such circumstances arise. An extension to the timeframe may occur if there is a need to conduct formal consultation with affected third parties. Such consultation may extend the processing time by an additional 30 days, in accordance with sections 27 and 27A [Consultation – business documents and personal privacy] of the FOI Act.
Charges
Section 29 of the FOI Act provides that agencies may apply a processing charge for access to documents which do not concern your personal information. I will write to you and inform you if it is decided that a processing charge will apply.
Irrelevant material
Section 22 of the FOI Act, provides that agencies may redact certain material from documents, if it is deemed that the material is irrelevant to the scope of a request. The Commission’s policy is to redact the personal information and contact details of Commission or APSC officers, who are employed below Senior Executive Officers (SES) level, including mobile telephone numbers and signatures.
Should you have any questions relating to your request, please do not hesitate to contact our office via email to [email address]
Regards,
Susannah
On behalf of FOI Coordinator
-----Original Message-----
From: M Poler <[FOI #5231 email]>
Sent: Friday, 25 January 2019 7:29 AM
To: FOI <[email address]>
Subject: Freedom of Information request - APSC and the Minister
Dear Australian Public Service Commission,
The decision of the Full Bench of the Fair Work Commission in [2019] FWCFB 143 available here:
https://www.fwc.gov.au/documents/decisio...
indicates that senior staff at the APSC and the Department of Home Affairs likely engaged in unlawful conduct (per the requirements of the Public Service Act 1999 and the Legal Services Directions 2017) in the process of the negotiation of the enterprise agreement the subject of the FWC’s decision. The unlawful conduct identified by the FWC constitutes disclosable conduct for the purposes of the Public Interest Disclosure Act 2013.
Under the FOI Act, I seek a copy of any briefing materials provided by the APSC, to the Minister for the Public Service, and/or his office, between the inclusive dates of 2 January 2019 and the date of this FOI application.
Yours faithfully,
M Poler
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FOI Request C19/328
Dear M Poler,
Please find attached correspondence relating to your FOI request.
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
Important: This email remains the property of the Commonwealth and is
subject to the jurisdiction of section 70 of the Crimes Act 1914. It may
contain confidential or legally privileged information. If you think it
was sent to you by mistake, please delete all copies and advise the
sender.