UNCLASSIFIED
 
Dear Mr Smith
 
Freedom of Information Request No. 03-1617
 
I refer to your correspondence, received by the Department on 24 August
2016, seeking access under the Freedom of Information Act 1982 (the FOI
Act) to the following:
 
1. people on the new auDA CEO recruitment sub-committee …
2. people which voted, abstained or otherwise in the appointment of the
new auDA CEO, Cameron Boardman …
3. any prior relationships between the auDA board members and the new auDA
CEO, Cameron Boardman
 
The statutory period for processing your request is 30 days, which
commenced from the date it was received by the Department. We will process
your application in accordance with the Department’s [1]FOI Policy.
 
Please note that consultation with third parties may be required. If it is
necessary to consult with third parties, additional processing time is
provided under the FOI Act. You will be advised of any need to consult
third parties in relation to your request.
 
We will usually ask you to pay for the cost of processing your
application. We will tell you, in writing, what the cost is before we
start processing. More information is available in the FOI Policy.
 
To facilitate and promote public access to information, promptly and at
the lowest reasonable cost, it is the Department’s usual practice to
publish documents on its disclosure log as close in time as is practicable
to those documents being released to the Applicant. More information on
the Department’s disclosure log is available in the FOI Policy.
 
Please contact the FOI Team at [Department of Communications and the Arts request email] if you have any
queries.
 
Yours sincerely
 
 
FOI Officer
Office of the General Counsel
Department of Communications and the Arts
E [2][Department of Communications and the Arts request email]
 
38 Sydney Avenue, Forrest ACT 2603
GPO Box 2154 Canberra ACT 2601
 
[3]communications.gov.au
 [4]@CommsAu
 
 
-----Original Message-----
From: Oliver Smith
[[5]mailto:[FOI #2163 email]]
Sent: Wednesday, 24 August 2016 11:03 AM
To: FOI <[email address]>
Subject: Freedom of Information request - .au Domain Administration Ltd
(auDA) CEO recruitment process
 
Dear Department of Communications and the Arts,
 
This request relates to .au Domain Administration Ltd (auDA).
 
The Government is an observer on the auDA board as set out in the auDA
constitution
 
[6]https://www.auda.org.au/about-auda/our-o...
 
Annaliese Williams from the Department of Communications is an observer on
the auDA board.
 
Please provide the list of:
 
1. people on the new auDA CEO recruitment sub-committee
 
[7]https://www.auda.org.au/about-auda/our-o...
 
2. people which voted, abstained or otherwise in the appointment of the
new auDA CEO, Cameron Boardman
 
[8]https://www.auda.org.au/news/auda/
 
3. any prior relationships between the auDA board members and the new auDA
CEO, Cameron Boardman
 
[9]https://www.auda.org.au/about-auda/our-o...
 
Yours faithfully,
 
Oliver Smith
 
-------------------------------------------------------------------
 
Please use this email address for all replies to this request:
[10][FOI #2163 email]
 
Is [11][Department of Communications and the Arts request email] the wrong address for Freedom of
Information requests to Department of Communications and the Arts? If so,
please contact us using this form:
[12]https://www.righttoknow.org.au/change_re...
 
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:
[13]https://www.righttoknow.org.au/help/offi...
 
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.
 
 
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References

Visible links
1. https://www.communications.gov.au/who-we...
2. mailto:[Department of Communications and the Arts request email]
3. https://www.communications.gov.au/
4. https://twitter.com/CommsAu?lang=en
5. mailto:[FOI #2163 email]
6. https://www.auda.org.au/about-auda/our-o...
7. https://www.auda.org.au/about-auda/our-o...
8. https://www.auda.org.au/news/auda/
9. https://www.auda.org.au/about-auda/our-o...
10. mailto:[FOI #2163 email]
11. mailto:[Department of Communications and the Arts request email]
12. https://www.righttoknow.org.au/change_re...
13. https://www.righttoknow.org.au/help/offi...

hide quoted sections

UNCLASSIFIED

Dear Mr Smith

Re: Freedom of Information Request No. 03-1617

I refer to your request under the Freedom of Information Act 1982 (‘the
Act’) dated 24 August 2016 for access to:

1. people on the new auDA CEO recruitment sub-committee …

2. people which voted, abstained or otherwise in the appointment of the
new auDA CEO, Cameron Boardman …

3. any prior relationships between the auDA board members and the new auDA
CEO, Cameron Boardman.

The Department’s preliminary examination of the documents relevant to your
request has confirmed that the documents include material the disclosure
of which may have an effect on the affairs of an organisation.  After
discussion with the nominated decision-maker, the Department needs to
consult that organisation, as provided for in section 27 of the FOI Act,
on whether it wishes to contend that the disclosure of that material would
have an adverse effect on its business affairs, as defined in Section 47G
of the FOI Act.  Please note that section 15(6) of the FOI Act provides
that the statutory timeframe for providing an access decision is extended
by another 30 days in order to undertake this consultation. I have
enclosed copies of  sections 27 and 47G of the FOI Act, for your
information. 

The statutory timeframe will now expire on 22 October, 2016 and I will
endeavour to ensure that these consultations are concluded as quickly as
possible.  While consultation with the organisation referred to in the
documents is required by the FOI Act, this does not confer a right of veto
on the release of documents.  The Department’s decision-maker will,
however, have regard to any submissions made.

Should you have any enquiries regarding this matter please contact me on
(02) 6271 1277 or by email to [1][Department of Communications and the Arts request email]

Yours sincerely

[2]cid:C4234CC5-D32A-44FF-A754-F96227B373F7

Felicia Nevins

Senior Legal Officer and FOI Coordinator  /  Office of the General
Counsel  

Department of Communications and the Arts

E [Department of Communications and the Arts request email]

38 Sydney Avenue, Forrest ACT 2603

GPO Box 2154 Canberra ACT 2601

[3]communications.gov.au

[4]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [5]@CommsAu

[6]arts.gov.au

[7]cid:17F0759F-5B67-41BB-B991-66700A2CA00A [8]@artsculturegov

This email and any attachments may contain confidential information or
legal advice over which legal professional privilege can be claimed.  Such
privilege is not waived and you should ensure that, in the handling of the
advice, you avoid waiving privilege.  Please consult the author of the
advice if unsure about appropriate handling.

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References

Visible links
1. mailto:[Department of Communications and the Arts request email]
3. https://www.communications.gov.au/
5. https://twitter.com/CommsAu?lang=en
6. http://arts.gov.au/
8. https://twitter.com/artsculturegov?lang=en

hide quoted sections

UNCLASSIFIED

Dear Mr Smith

FREEDOM OF INFORMATION REQUEST 03-1617 – DECISION ON ACCESS

Please find attached the following documents relating to your FOI request:
• Statement of Reasons
• Released document
• OAIC FOI Fact Sheet 12 - Applicant Review Rights

Should you have any queries, do not hesitate to contact us, preferably by email to: [Department of Communications and the Arts request email].

Yours sincerely

FOI Officer
Office of the General Counsel
Department of Communications and the Arts
P +61 2 6271 7045
E [Department of Communications and the Arts request email]

38 Sydney Avenue, Forrest ACT 2603
GPO Box 2154 Canberra ACT 2601

communications.gov.au
@CommsAu 

-----Original Message-----
From: Oliver Smith [mailto:[FOI #2163 email]]
Sent: Wednesday, 24 August 2016 11:03 AM
To: FOI <[email address]>
Subject: Freedom of Information request - .au Domain Administration Ltd (auDA) CEO recruitment process

Dear Department of Communications and the Arts,

This request relates to .au Domain Administration Ltd (auDA).

The Government is an observer on the auDA board as set out in the auDA constitution

https://www.auda.org.au/about-auda/our-o...

Annaliese Williams from the Department of Communications is an observer on the auDA board.

Please provide the list of:

1. people on the new auDA CEO recruitment sub-committee

https://www.auda.org.au/about-auda/our-o...

2. people which voted, abstained or otherwise in the appointment of the new auDA CEO, Cameron Boardman

https://www.auda.org.au/news/auda/

3. any prior relationships between the auDA board members and the new auDA CEO, Cameron Boardman

https://www.auda.org.au/about-auda/our-o...

Yours faithfully,

Oliver Smith

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

Please use this email address for all replies to this request:
[FOI #2163 email]

Is [Department of Communications and the Arts request email] the wrong address for Freedom of Information requests to Department of Communications and the Arts? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...

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...

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.

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

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NOTICE: This email message is for the sole use of the intended recipient(s)
and may contain confidential and privileged information. Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply email and destroy all
copies of the original message.

This message has been content scanned by the Axway MailGate.

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hide quoted sections

UNCLASSIFIED

Dear Mr Smith,

I have considered your email below. It does not query the FOI decision making process in relation to your FOI request or the decision made, therefore no further response will be provided.

Thank you for contacting the FOI function within the Department of Communications and the Arts.

Yours sincerely

FOI Officer
Office of the General Counsel
Department of Communications and the Arts
P +61 2 6271 1000
E [Department of Communications and the Arts request email]

38 Sydney Avenue, Forrest ACT 2603
GPO Box 2154 Canberra ACT 2601

communications.gov.au
@CommsAu

-----Original Message-----
From: Oliver Smith [mailto:[FOI #2163 email]]
Sent: Wednesday, 28 September 2016 3:48 PM
To: FOI
Subject: RE: Freedom of Information request - .au Domain Administration Ltd (auDA) CEO recruitment process [SEC=UNCLASSIFIED]

Dear Stuart,

Reviewing the 27 July 2016 Board Meeting Minutes.

https://www.auda.org.au/about-auda/our-o...

The auDA “board meeting” occurred over dinner and did not appear to include any Australian Government observers – as is the standard practice.

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

" ...

27 July 2016 – 6.00pm

RACV Club, Bourke Street, Melbourne

Present: Stuart Benjamin (Chair), Tony Staley, Erhan Karabardak, Miguel Wood, George Pongas, Kartic Srinivasan, Simon Johnson (by telephone) and Grant Wiltshire (by telephone)

Observer: Peter Waite (Intersearch), and Cameron Boardman (only present during dinner)

Apologies: Julie Hammer, Joe Manariti

.. "

The minimum number of directors required on the auDA board is seven.
https://www.auda.org.au/about-auda/our-o...

" ...

18 DIRECTORS

18.1 Minimum Number
If the number of Directors in office at any time (other than the term of the Initial Board) falls below seven (7), the Directors shall not act in the affairs of auDA (other than to appoint additional Directors) until the number of Directors is made up to at least seven (7).

... "

Let us count them one by one:

1. Stuart Benjamin – demand
2. Tony Staley – independent
3. Erhan Karabardak – supply
4. Miguel Wood – demand
5. George Pongas – supply
6. Kartic Srinivasan – supply
7. Simon Johnson – demand
8. Grant Wiltshire – demand

That makes eight directors in favour of appointing Cameron Boardman as auDA’s new CEO.

However, Simon Johnson abstained from the vote. Perhaps he was an applicant for the CEO role too.

" ...

Simon Johnson expressed support for the board’s decision but decided to abstain.

... "

This takes it back to just seven directors in favour of the resolution to appoint Cameron Boardman as the new auDA CEO.

But there’s more …

" ...

... Erhan Karabardak advised that (he) knew of Cameron from his days in the Victorian Parliament and attested to his character and professionalism.

... "

On 15 May 1996 The Honourable David Lean MP thanked Erhan Karabardak and Cameron Boardman in the same breath for their work on his election campaign.

http://www.parliament.vic.gov.au/images/...

" ...

Mr LEAN (Carrum) … I thank my campaign directors, David Normington and Erhan Karabardak, who worked tirelessly and gave so willingly of their time and together achieved what many believed was impossible. They deserve every credit.

I thank my upper house colleagues Sue Wilding and Cameron Boardman for their support throughout the course of the campaign and during my first few weeks as the member for Carrum. I look forward to a long and successful partnership with both of them.

Finally, I thank the many Liberal Party members and friends of mine who volunteered their time and energy for a cause they believed in. I recognise it is to those who volunteered hours of their time that I owe this privilege. I thank them all. Mr Speaker, I thank you and the house for your indulgence.

... "

Therefore can the Department of Communications and the Arts please clarify:

(a) the nature of Erhan Karabardak’s relationship with Cameron Boardman

(b) whether or not Erhan Karabardak has a conflict of interest in the matter of appointing Cameron Boardman to the position of CEO of .au Domain Administration Ltd

https://www.auda.org.au/about-auda/our-o...

" ...

23 DIRECTOR’S CONFLICTS OF INTEREST

A Director who holds an office or possesses a property whereby duties or interests might be created whether directly or indirectly in conflict with that Director’s duties or interest as Director must, declare at a meeting of the Directors the fact and the nature and extent of the conflict.

... "

Should Erhan Karabardak have abstained from voting on the voting resolution to appoint the new auDA CEO; Cameron Boardman?

https://www.auda.org.au/about-auda/our-o...

" ...

22.3 Votes by Interested Directors
Subject to the Corporations Act, a Director who has a material personal interest in a matter that is being considered at a meeting of Directors:
a. must not vote on the matter (or in relation to a proposed resolution under paragraph (ii) of this clause in relation to the matter, whether in relation to that or a different Director); and b. must not be present while the matter (or a proposed resolution of that kind) is being considered at the meeting,
unless:
i. the matter applies to an interest that the Director has as a Member in common with the other Members; or ii. the Directors have passed a resolution that specifies the Director, the interest and the matter, and states that the Directors voting for the resolution are satisfied that the interest should not disqualify the Director from considering or voting on the matter.

... "

If Erhan Karabardak does have a conflict of interest, was there the required quorum of seven directors to appoint Cameron Boardman as the new auDA CEO?

" ...

Resolution

The Board resolve to appoint Cameron Boardman as CEO of auDA, and the Board authorises the Chairman to enter into the contract of employment with Cameron Boardman.

Moved: Stuart Benjamin

Seconded: Tony Staley

Simon Johnson expressed support for the board’s decision but decided to abstain.

Resolution Carried

... "

Should the current auDA board wish to vote again and Erhan Karabardak does choose to abstain from voting then Simon Johnson’s affirmative vote will be required to meet the seven director threshold.

Here is the current auDA board:

1. Stuart Benjamin – demand
2. Simon Johnson – demand [abstained from previous vote] 3. Erhan Karabardak – supply [potential conflict of interest] 4. Joe Manariti – supply 5. George Pongas – supply 6. Kartic Srinivasan – supply 7. Tony Staley – independent 8. Grant Wiltshire – demand

Yours sincerely,

Oliver Smith

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

UNCLASSIFIED

Dear Mr Smith

FREEDOM OF INFORMATION REQUEST 03-1617 – DECISION ON ACCESS

Please find attached the following documents relating to your FOI request:
• Statement of Reasons
• Released document
• OAIC FOI Fact Sheet 12 - Applicant Review Rights

Should you have any queries, do not hesitate to contact us, preferably by email to: [Department of Communications and the Arts request email].

Yours sincerely

FOI Officer
Office of the General Counsel
Department of Communications and the Arts P +61 2 6271 7045 E [Department of Communications and the Arts request email]

38 Sydney Avenue, Forrest ACT 2603
GPO Box 2154 Canberra ACT 2601

communications.gov.au
@CommsAu 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #2163 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...

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.

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

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

NOTICE: This email message is for the sole use of the intended recipient(s)
and may contain confidential and privileged information. Any unauthorized
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intended recipient, please contact the sender by reply email and destroy all
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hide quoted sections

UNCLASSIFIED

Dear Mr Smith,

The Department's decision addressed in full the FOI request you made, including your question 3 (any prior relationships between the auDA board members and the new auDA CEO, Cameron Boardman). Your email of 30 September 2016 seeks clarification on:
(a) the nature of Erhan Karabardak’s relationship with Cameron Boardman
(b) whether or not Erhan Karabardak has a conflict of interest in the matter of appointing Cameron Boardman to the position of CEO of .au Domain Administration Ltd

An FOI request can only cover documents held by the Department. The Act does not require the Department to give an opinion or generate information that it does not otherwise hold. If you wish to make a new FOI application to request access to documents held by the Department, you are of course able to do so.

Thank you for contacting the FOI function within the Department of Communications and the Arts.

Yours sincerely

FOI Officer
Office of the General Counsel
Department of Communications and the Arts
P +61 2 6271 1000
E [Department of Communications and the Arts request email]

38 Sydney Avenue, Forrest ACT 2603
GPO Box 2154 Canberra ACT 2601

communications.gov.au
@CommsAu

-----Original Message-----
From: Oliver Smith [mailto:[FOI #2163 email]]
Sent: Friday, 30 September 2016 5:59 AM
To: FOI
Subject: RE: Freedom of Information request - .au Domain Administration Ltd (auDA) CEO recruitment process [SEC=UNCLASSIFIED]

Dear FOI Officer,

This clarification is within the scope of the original FOI request which asked:

" ...

Please provide the list of: ...

3. any prior relationships between the auDA board members and the new auDA CEO, Cameron Boardman

... "

Victorian Government Hansard noted on 15 May 1996 The Honourable David Lean MP thanked Erhan Karabardak and Cameron Boardman in the same breath for their work on his election campaign.

http://www.parliament.vic.gov.au/images/...

" ...

Mr LEAN (Carrum) … I thank my campaign directors, David Normington and Erhan Karabardak, who worked tirelessly and gave so willingly of their time and together achieved what many believed was impossible. They deserve every credit.

I thank my upper house colleagues Sue Wilding and Cameron Boardman for their support throughout the course of the campaign and during my first few weeks as the member for Carrum. I look forward to a long and successful partnership with both of them.

Finally, I thank the many Liberal Party members and friends of mine who volunteered their time and energy for a cause they believed in. I recognise it is to those who volunteered hours of their time that I owe this privilege. I thank them all. Mr Speaker, I thank you and the house for your indulgence.

... "

Therefore can the Department of Communications and the Arts please clarify:

(a) the nature of Erhan Karabardak’s relationship with Cameron Boardman

(b) whether or not Erhan Karabardak has a conflict of interest in the matter of appointing Cameron Boardman to the position of CEO of .au Domain Administration Ltd

If the Department of Communications and the Arts wishes this to be considered under a new FOI request or an extension of time then please advise accordingly.

Yours sincerely,

Oliver Smith

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

UNCLASSIFIED

Dear Mr Smith,

I have considered your email below. It does not query the FOI decision making process in relation to your FOI request or the decision made, therefore no further response will be provided.

Thank you for contacting the FOI function within the Department of Communications and the Arts.

Yours sincerely

FOI Officer
Office of the General Counsel
Department of Communications and the Arts P +61 2 6271 1000 E [Department of Communications and the Arts request email]

38 Sydney Avenue, Forrest ACT 2603
GPO Box 2154 Canberra ACT 2601

communications.gov.au
@CommsAu

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #2163 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...

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.

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NOTICE: This email message is for the sole use of the intended recipient(s)
and may contain confidential and privileged information. Any unauthorized
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intended recipient, please contact the sender by reply email and destroy all
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