Contract: Cth tender ID CN3640129-A4
Dear Department of Human Services,
I request a copy of the contracts associated with Cth tender ID CN3640129, CN3640129-A1, CN3640129-A2, CN3640129-A3, and CN3640129-A4.
Given the large amount of money involved with this tender ($2m), I ask that the public interest in full transparency regarding this tender be recognised; and that consequently the ordinarily applicable FOI fee be waived in this instance.
Yours faithfully,
John Smith
Dear Mr Smith
Please find attached correspondence in relation to your recent Freedom of Information request.
Kind Regards
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Email: [email address]
Please note: This email and any attachments may contain information subject to legal professional privilege or information that is otherwise sensitive or confidential. If you are not the intended recipient of this email, you are prohibited from using or disseminating this communication. If you have received this communication in error please notify the sender immediately and permanently delete this email.
-----Original Message-----
From: John Smith <[FOI #6344 email]>
Sent: Monday, 18 May 2020 10:12 AM
To: FOI.LEGAL.TEAM <[email address]>
Subject: Freedom of Information request - Contract: Cth tender ID CN3640129-A4
Dear Department of Human Services,
I request a copy of the contracts associated with Cth tender ID CN3640129, CN3640129-A1, CN3640129-A2, CN3640129-A3, and CN3640129-A4.
Given the large amount of money involved with this tender ($2m), I ask that the public interest in full transparency regarding this tender be recognised; and that consequently the ordinarily applicable FOI fee be waived in this instance.
Yours faithfully,
John Smith
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Please use this email address for all replies to this request:
[FOI #6344 email]
Is [DHS request email] the wrong address for Freedom of Information requests to Department of Human Services? 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:
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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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Dear Mr Smith
Please find attached correspondence in relation to your request for
documents under the Freedom of Information Act 1982.
Kind regards
Kaitlin
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Services Australia
Email: [email address]
This email and any attachments may contain information subject to legal
professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
prohibited from using or disseminating this communication. If you have
received this communication in error please notify the sender immediately
and permanently delete this email.
-----Original Message-----
From: FOI.LEGAL.TEAM <[email address]>
Sent: Friday, 22 May 2020 4:47 PM
To: 'John Smith' <[FOI #6344 email]>
Subject: LEX 54854 - Your FOI Request - Acknowledgement Letter
[SEC=OFFICIAL]
Dear Mr Smith
Please find attached correspondence in relation to your recent Freedom of
Information request.
Kind Regards
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Email: [1][email address]
Please note: This email and any attachments may contain information
subject to legal professional privilege or information that is otherwise
sensitive or confidential. If you are not the intended recipient of this
email, you are prohibited from using or disseminating this communication.
If you have received this communication in error please notify the sender
immediately and permanently delete this email.
-----Original Message-----
From: John Smith <[2][FOI #6344 email]>
Sent: Monday, 18 May 2020 10:12 AM
To: FOI.LEGAL.TEAM <[3][email address]>
Subject: Freedom of Information request - Contract: Cth tender ID
CN3640129-A4
Dear Department of Human Services,
I request a copy of the contracts associated with Cth tender ID CN3640129,
CN3640129-A1, CN3640129-A2, CN3640129-A3, and CN3640129-A4.
Given the large amount of money involved with this tender ($2m), I ask
that the public interest in full transparency regarding this tender be
recognised; and that consequently the ordinarily applicable FOI fee be
waived in this instance.
Yours faithfully,
John Smith
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #6344 email]
Is [5][DHS request email] the wrong address for Freedom of
Information requests to Department of Human Services? If so, please
contact us using this form:
[6]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:
[7]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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2. mailto:[FOI #6344 email]
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Dear FOI.LEGAL.TEAM,
Given the large amount of public money associated with this tender (>$2M), I ask that a public interest in the transparency of this matter be recognised; and the ordinarily applicable FOI fee be consequently waived in its entirety, on the grounds of a public interest in the proper use of public expenditure.
Alternatively, I request that the fee be waived on the ground of financial hardship.
Yours sincerely,
John Smith
Dear Mr Smith
Thank you for your email dated 4 June 2020.
By way of background, on 3 June 2020 Services Australia issued you with a
preliminary assessment of charges notice (the Notice) under section 29(1)
of the Freedom of Information 1982 (FOI Act) ) (our reference: LEX 54854).
The Notice stated you were liable to pay a charge in relation to the
processing of the request for documents made under the FOI Act. You
requested access to:
‘I request a copy of the contracts associated with Cth tender ID
CN3640129, CN3640129-A1, CN3640129-A2, CN3640129-A3, and CN3640129-A4.’
In your email of 4 June 2020, you requested that Services Australia waive
the charges set out in the Notice on public interest grounds. You also
requested Services Australia waive the charges on grounds of financial
hardship.
To allow Services Australia’s decision-maker to appropriately reconsider
the issuing of charges in light of your email, please provide evidence of
your financial hardship.
As the reconsideration of the preliminary estimate of charges decision is
due on 6 July 2020, we request you forward your response to
[1][email address] by 18 June 2020, quoting
reference LEX 54854.
Sincerely
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Services Australia
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Dear FOI.LEGAL.TEAM,
I have sent through evidence of financial hardship.
Please reduce the fee in line with both this evidence, AND the public interest reasons I have detailed within the email.
Yours sincerely,
John Smith
Dear Mr Smith
Please see attached correspondence in relation to the Freedom of
Information request you made to Services Australia.
Yours sincerely
Freedom of Information Team
Employment Law and Freedom of Information Branch | Legal Services Division
Services Australia
Email: [1][email address]
This email and any attachments may contain information subject to legal
professional privilege or information that is otherwise sensitive or
confidential. If you are not the intended recipient of this email, you are
prohibited from using or disseminating this communication. If you have
received this communication in error please notify the sender immediately
and permanently delete this email.
**********************************************************************
IMPORTANT: This e-mail is for the use of the intended recipient only and
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Dear FOI.LEGAL.TEAM,
I seek internal review of this decision. In my email to you enclosing my low-income health card, I stated that the name 'John Smith' is a pseudonym. I do not understand why in your reasons, you have decided that there is an identity issue between the pseudonym used to make this FOI request; and my provided documents.
Why was I not contacted to clarify the issue of whether the low income card belonged to be, before this adverse finding was made? It is unreasonable and lacks natural justice.
It is my understanding that the use of pseudonyms is allowed through the FOI guidelines.
In the interests of confirming that the card belongs to me, the last 4 characters of the CRN on the card provided to you; was '137T'. Would you be willing to confirm that is the case?
Yours sincerely,
John Smith
Dear FOI.LEGAL.TEAM,
Further, I note that in your reasons you have failed to specify why the attempted oversight of the spending of a large amount of public money; isn't a public interest reason.
It may be the case that the procurement was made under government rules. That is besides the point. Whether the taxpayer got value for money through the procurement, can only be discerned by the public if the details of transactions are known. It is also besides the point that these transactions are already overseen by parliament and the government. The FOI act is for members of the public to make requests that are of interest to the public, regardless of whether those transactions are already of interest to the government.
While this specific transaction might appear to be unimportant in isolation, it is part of a pattern of increased government outsourcing within the APS, and especially Services Australia in recent years. The increased use of private contractors within public agencies has been the subject of much public reporting.
For instance; these practices have been mentioned in the Australian Financial Review:
https://www.afr.com/politics/federal/gov...
The ABC:
https://www.abc.net.au/news/2018-12-09/l...
Among others.
To re-iterate my point; this FOI request is a part of a series of FOI requests that intend to investigate the use of outsourcing within government departments. This is what makes the request in the public interest.
While I could have attempted to include 20 or 30 outsourcing contracts within a single FOI, I wanted to avoid an unreasonable burden upon your agency.
Please include these reasons within my request for an internal review, regarding my ask for a waiver on the grounds of public interest.
Yours sincerely,
John Smith
Dear FOI.LEGAL.TEAM,
Will this decision be internally reviewed as requested?
Yours sincerely,
John Smith
Dear Mr Smith
Please see correspondence about your Internal Review attached.
Kind regards
Authorised FOI Officer
FOI Team
Employment Law and Freedom of Information Team
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Dear Mr Smith
Please find a letter about your internal review request attached.
Kind regards
Authorised FOI Officer
FOI Team
Employment Law and Freedom of Information Team
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Dear FOI.LEGAL.TEAM,
Your assertion that these documents would provide nothing new; that they have been made redundant by various senate inquiries, already existing reporting obligations, etc, is totally unreasonable.
I will be appealing this to the OAIC.
Yours sincerely,
John Smith