Contracts between Launch Recruitment and the AAT

John Smith made this Freedom of Information request to Administrative Review Tribunal

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

This request has been withdrawn by the person who made it. There may be an explanation in the correspondence below.

Dear Administrative Appeals Tribunal,

I request the following documents:

1. A copy of all contracts between the labour hire provider 'Launch Recruitment' and the AAT, in the possession of either the AAT or 'Launch Recruitment'.

2. A copy of any of the AAT's policies & procedures, with regard to the use of labour hire firms, and labour hire arrangements.

Yours faithfully,
John Smith

1 Attachment

Dear Mr Smith,

Please find attached a letter regarding your Freedom of Information requests lodged on 17 February 2020.

Kind regards,

Skye M
Policy Officer

Administrative Appeals Tribunal
Principal Registry, Sydney
Legal and Policy
T: 02 9276 5449 F: 02 9276 5599
E: [AAT request email]

www.aat.gov.au

-----Original Message-----
From: John Smith [mailto:[FOI #6163 email]]
Sent: Monday, 17 February 2020 1:14 PM
To: FOI
Subject: Freedom of Information request - Contracts between Launch Recruitment and the AAT

Dear Administrative Appeals Tribunal,

I request the following documents:

1. A copy of all contracts between the labour hire provider 'Launch Recruitment' and the AAT, in the possession of either the AAT or 'Launch Recruitment'.

2. A copy of any of the AAT's policies & procedures, with regard to the use of labour hire firms, and labour hire arrangements.

Yours faithfully,
John Smith

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hide quoted sections

Dear Skye M

Thank you for your reply

[[Section 24 of the FOI Act – Multiple requests]]

I request that you do not treat these requests as a single request, as the requests relate to documents with substantially different subject matter.
A contract, by its very nature; has a substantially different subject matter to a financial record. A financial record has a substantially different subject matter to labour hire engagement guidelines. (and so on)

I put to you, that you do not have the requisite grounds to be satisfied that the requests should be consolidated. Please treat them separately.

[[Your intention to refuse my request]]

I propose that my requests be narrowed as follows:

1. A copy of all contracts between the labour hire providers 'Launch Recruitment' and the
AAT, in the possession of either the AAT or 'Launch Recruitment'
Please narrow the request to a copy of all documents that meet this description, for the months of September and October 2019

2. A copy of any of the AAT's policies & procedures, regarding the use of labour hire firms,
and labour hire arrangements.
Please narrow the request to only include documents that meet this description, that are available on the AAT’s intranet.

3. Any documents in possession of the AAT that detail the amount being spent by the AAT
on the procurement of labour hire staff.
Please narrow this request to only include documents that are monthly & quarterly reports, spreadsheets, or on an AAT database

4. Any documents in possession of the AAT that detail the number of labour hire staff that
have worked at the AAT.
Please narrow this request to only include documents that detail the number of labour hire staff in aggregate working at the AAT. For example, the document the AAT’s procurement section provided to you to inform you that there are 551 individuals working at the AAT; would be sufficient.

5. Any email correspondence between the AAT and any of its labour hire agencies that
discuss the contracts of employees of labour hire agencies; who have/will, perform work
at/on behalf of, the AAT
Please narrow this request to only include email correspondence between a staff member of the AAT and a labour hire provider; in the month of October 2019

6. Copies of any staff emails in either the month of December 2019, or January 2020; that
mention section 6 of the Public Service Act.
Please narrow this request to only include emails in either the month of December 2019, or January 2020; that contain the exact term “public service act” (not case sensitive). Please also narrow the request to only include the emails of officers within the MRD division.

7. Copies of any staff emails in either the month of December 2019, or January 2020; that
mention the public service code of conduct.
I withdraw this request.

8. Copies of any emails between the AAT and any of its labour hire providers that mention
the APS code of conduct.
Please narrow this request to exclude deleted or archived emails.

9. A copy of all contracts between any labour hire provider and the AAT, in the possession
of either the AAT or the respective labour hire provider.
Please narrow this request to only include contracts entered into between the months of September 2019 and October 2019.

I await your response
Yours faithfully,
John Smith

1 Attachment

Dear Mr Smith,

 

Please find attached letter in relation to your FOI request (ref no.
2020/0016).

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal and Policy

E:  [1][AAT request email]       

 

[2]www.aat.gov.au

 

-----Original Message-----
From: John Smith [mailto:[FOI #6163 email]]
Sent: Tuesday, 3 March 2020 5:19 PM
To: FOI
Subject: Re: Our FOI ref no: 2020/0016 - Request consultation
[SEC=UNCLASSIFIED]

 

Dear Skye M

 

Thank you for your reply

 

[[Section 24 of the FOI Act – Multiple requests]]

 

I request that you do not treat these requests as a single request, as the
requests relate to documents with substantially different subject matter.

A contract, by its very nature; has a substantially different subject
matter to a financial record. A financial record has a substantially
different subject matter to labour hire engagement guidelines. (and so on)

 

I put to you, that you do not have the requisite grounds to be satisfied
that the requests should be consolidated. Please treat them separately.

 

[[Your intention to refuse my request]]

 

I propose that my requests be narrowed as follows:

 

1.  A copy of all contracts between the labour hire providers 'Launch
Recruitment' and the

AAT, in the possession of either the AAT or 'Launch Recruitment'

Please narrow the request to a copy of all documents that meet this
description, for the months of September and October 2019

 

2.  A copy of any of the AAT's policies & procedures, regarding the use of
labour hire firms,

and labour hire arrangements.

Please narrow the request to only include documents that meet this
description, that are available on the AAT’s intranet.

 

3.  Any documents in possession of the AAT that detail the amount being
spent by the AAT

on the procurement of labour hire staff.

Please narrow this request to only include documents that are monthly &
quarterly reports, spreadsheets, or on an AAT database

 

4.  Any documents in possession of the AAT that detail the number of
labour hire staff that

have worked at the AAT.

Please narrow this request to only include documents that detail the
number of labour hire staff in aggregate working at the AAT. For example,
the document the AAT’s procurement section provided to you to inform you
that there are 551 individuals working at the AAT; would be sufficient.

 

5.  Any email correspondence between the AAT and any of its labour hire
agencies that

discuss the contracts of employees of labour hire agencies; who have/will,
perform work

at/on behalf of, the AAT

Please narrow this request to only include email correspondence between a
staff member of the AAT and a labour hire provider; in the month of
October 2019

 

6.  Copies of any staff emails in either the month of December 2019, or
January 2020; that

mention section 6 of the Public Service Act. 

Please narrow this request to only include emails in either the month of
December 2019, or January 2020; that contain the exact term “public
service act” (not case sensitive). Please also narrow the request to only
include the emails of officers within the MRD division.

 

7.  Copies of any staff emails in either the month of December 2019, or
January 2020; that

mention the public service code of conduct.

I withdraw this request.

 

8.  Copies of any emails between the AAT and any of its labour hire
providers that mention

the APS code of conduct.

Please narrow this request to exclude deleted or archived emails.

 

9.  A copy of all contracts between any labour hire provider and the AAT,
in the possession

of either the AAT or the respective labour hire provider.

Please narrow this request to only include contracts entered into between
the months of September 2019 and October 2019.

 

I await your response

Yours faithfully,

John Smith

 

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

 

Dear Mr Smith,

 

Please find attached a letter regarding your Freedom of Information
requests lodged on 17 February 2020.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal and Policy

T: 02 9276 5449 F: 02 9276 5599

E: [AAT request email]

 

www.aat.gov.au

 

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

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[FOI #6163 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.

 

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

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
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2. http://www.aat.gov.au/

hide quoted sections

Dear FOI,

Thank you for your correspondence and please narrow the request in the following ways:

3. Please restrict this to the 2019 calendar year as you suggest.

5. Please narrow this request to documents between the following specific senior AAT officers, and any labour hire agency, for the month of October 2019:
- Chris Sutton
- Sera Clemens

I note that inefficient record management is not a valid reason for an agency to claim that an FOI request is in and of itself, an unreasonable burden on an agency.(https://idm.net.au/article/0011435-bad-r...). I do not agree for this request to be refined to exclude deleted or archived emails.

6. Similar to part 5 of my request, please narrow this request to the following specific senior AAT officers:
- Chris Sutton
- Sera Clemens

8. Please narrow this request to only include the emails of the following AAT senior officers:
- Chris Sutton
- Sera Clemens

9. Please narrow this request to only include contracts between the AAT and Launch Recruitment Pty Ltd, Hays recruitment, Adecco Pty Ltd, Wilson security; and associated entities of those four companies.

As labour hire usage throughout the APS is a matter of significant public concern and debate, I ask that the processing charge in this instance be waived.

e.g. https://www.thesaturdaypaper.com.au/news...

I also note that inefficient record keeping practices are not a justification for exorbitant fees claimed in response to an FOI request: https://idm.net.au/article/0011435-bad-r...

Yours sincerely,

John Smith

1 Attachment

Dear Mr Smith,

 

Thank you for your response below.

 

Please find attached a letter notifying you that you are liable to pay a
charge in relation to your Freedom of Information request no. 2020/0016.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal and Policy

E:  [1][AAT request email]       

 

[2]www.aat.gov.au

 

-----Original Message-----
From: John Smith [mailto:[FOI #6163 email]]
Sent: Wednesday, 18 March 2020 1:01 PM
To: FOI
Subject: RE: Our FOI ref no: 2020/0016 - Request consultation
[SEC=UNCLASSIFIED]

 

Dear FOI,

 

Thank you for your correspondence and please narrow the request in the
following ways:

 

3. Please restrict this to the 2019 calendar year as you suggest.

 

5. Please narrow this request to documents between the following specific
senior AAT officers, and any labour hire agency, for the month of October
2019:

- Chris Sutton

- Sera Clemens

 

I note that inefficient record management is not a valid reason for an
agency to claim that an FOI request is in and of itself, an unreasonable
burden on an
agency.(https://idm.net.au/article/0011435-bad-r...).
I do not agree for this request to be refined to exclude deleted or
archived emails.

 

6. Similar to part 5 of my request, please narrow this request to the
following specific senior AAT officers:

- Chris Sutton

- Sera Clemens

 

8. Please narrow this request to only include the emails of the following
AAT senior officers:

- Chris Sutton

- Sera Clemens

 

9. Please narrow this request to only include contracts between the AAT
and Launch Recruitment Pty Ltd, Hays recruitment, Adecco Pty Ltd, Wilson
security; and associated entities of those four companies.

 

As labour hire usage throughout the APS is a matter of significant public
concern and debate, I ask that the processing charge in this instance be
waived.

 

e.g.
https://www.thesaturdaypaper.com.au/news...

 

I also note that inefficient record keeping practices are not a
justification for exorbitant fees claimed in response to an FOI request:
https://idm.net.au/article/0011435-bad-r...

 

Yours sincerely,

 

John Smith

 

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

 

Dear Mr Smith,

 

 

 

Please find attached letter in relation to your FOI request (ref no.

2020/0016).

 

 

 

Kind regards,

 

 

 

Skye M

 

Policy Officer

 

 

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal and Policy

 

E:  [1][AAT request email]       

 

 

 

[2]www.aat.gov.au

 

 

 

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

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

[FOI #6163 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.

 

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

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/

hide quoted sections

Tahnee De Souza,

5 Attachments

Our reference: RQ20/01254
Agency reference: 2020/0016

 

Mr John Smith

Sent by email: [1][FOI #6163 email]

Extension of time application by the Administrative Appeals Tribunal

Dear Mr Smith

 

I write to advise that on 18 March 2020, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Administrative Appeals Tribunal (the AAT) for an extension of time to
process your FOI request of 17 February 2020.

 

The AAT has applied for an extension of time under s15AB of the Freedom
of Information Act 1982 (Cth) because your request is considered to be
voluminous and complex.

 

The AAT has advised the OAIC that:

 

·        the AAT has consulted with you under s 24AB of the FOI Act and
has given you two opportunities to narrow your request

·        whilst the request has been narrowed, there are still aspects of
this request which are complex and voluminous

·        further consultation is required, particularly as the request is
likely to capture personal information and business information

·        part 3 of this request involves retrieving information from the
AAT’s finance database which is not designed to extract the particular
information which has been requested in isolation, and

·        parts 5, 6 and 8 of this request involve searches of the inboxes
of individual AAT staff.

The AAT has requested an extension to 20 April 2020. The decision maker
will take any comments you may have to make into account when deciding the
application.

 

Please respond to this email by close of business 25 March 2020. Please do
not hesitate to contact us before this date should you require further
time to provide your response. If I do not hear from you by this date, the
decision maker will proceed to make a decision on the basis of the
information provided to the OAIC by the AAT.

 

You will be notified of the decision once the matter has been finalised.

 

Further information about extension of time requests may be found on our
website at [2]Extensions of time.

Contact

If you have any questions, please contact me on (02) 9284 9861 or via
email [3][email address]. In all correspondence please include
reference number at the top of this email.

 

Yours sincerely

 

[4]OAIC   Tahnee De Souza  |  Assistant
Review and Investigation
Adviser

Freedom of information

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [5]oaic.gov.au

+61 2 9284 9861  | 
[6][email address]
[10]Subscribe [11]Subscribe to
[7]Facebook | [8]LinkedIn | [9]Twitter |   icon Information
Matters

 

 

 

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Dear Tahnee De Souza,

The proposed charge exceeding $6,000 is manifestly ridiculous; given now narrow scope of documents sought.

If that is the charge the AAT proposes, I intend to appeal.

Yours sincerely,

John Smith

Dear Tahnee De Souza,

In an effort to be cooperative, I offer to further narrow the scope of my FOI request to exclude:'

1. Narrow the request to not include contracts where the AAT is merely a 3rd party to a contract between a labour hire firm, and a labour hire employee.

3. any document that is neither a monthly or quarterly final report.

5. further narrow the request to only include email correspondence between 21st October and 25th October (inclusive).

6. further narrow the request to only include email correspondence between 16th December 2019, and 20th December 2019 (inclusive).

8. further narrow the request to only include the emails of Chris Sutton and Sera Clemens between 16th December 2019 and 20th December 2019 (inclusive).

9. further narrow the request to only include contracts between the AAT and the following firms and their associates: Launch Recruitment Pty Ltd, Hays recruitment, Adecco Pty Ltd, Wilson security. Do not include contracts where the AAT is merely a 3rd party fo the contract between a labour hire firm, and a labour hire employee.

Given the public interest surrounding the use of labour hire firms throughout the public service, I again request that the FOI fee be waived in this instance. Please acknowledge this request for a fee waiver.

Yours sincerely,

John Smith

Tahnee De Souza,

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Our reference: RQ20/01254
Agency reference: 2020/0016
 
Mr John Smith
By email: [1][FOI #6163 email]
 
Dear Mr Smith
 
Thank you for your emails dated 26 March 2020 and I apologise for the
delay in responding.
 
Extension of time application
 
The Office of the Australian Information Commissioner (the OAIC) is
considering the extension of time application it received on 18 March 2020
from the Administrative Appeals Tribunal (the AAT) in relation to your FOI
request.
 
The OAIC will issue a decision on the extension of time application
shortly.
 
Please contact me if you would like to discuss the AAT’s extension of time
application further.
 
FOI request scope and charges
 
Please contact the AAT directly if you would like to revise the scope of
your FOI request or in relation to any charges issued by the AAT.
 
Kind Regards
 

Tahnee De Souza  |  Assistant Review and Investigation Adviser
Freedom of information
[2][IMG] Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001  |  [3]oaic.gov.au
+61 2 9284 9861  |  [4][email address]

[5][IMG] | [6][IMG] | [7][IMG] | [8]Subscribe to Information Matters

 
-----Original Message-----
From: John Smith <[FOI #6163 email]>
Sent: Thursday, March 26, 2020 6:04 PM
To: Tahnee De Souza <[email address]>
Subject: Re: RQ20/01254 - Extension of Time - Consultation [SEC=OFFICIAL]
 
CAUTION: This email originated from outside of the organization. Do not
click links or open attachments unless you recognise the sender and know
the content is safe.
 
 
Dear Tahnee De Souza,
 
In an effort to be cooperative, I offer to further narrow the scope of my
FOI request to exclude:'
 
1. Narrow the request to not include contracts where the AAT is merely a
3rd party to a contract between a labour hire firm, and a labour hire
employee.
 
3. any document that is neither a monthly or quarterly final report.
 
5. further narrow the request to only include email correspondence between
21st October and 25th October (inclusive).
 
6. further narrow the request to only include email correspondence between
16th December 2019, and 20th December 2019 (inclusive).
 
8. further narrow the request to only include the emails of Chris Sutton
and Sera Clemens between 16th December 2019 and 20th December 2019
(inclusive).
 
9. further narrow the request to only include contracts between the AAT
and the following firms and their associates: Launch Recruitment Pty Ltd,
Hays recruitment, Adecco Pty Ltd, Wilson security. Do not include
contracts where the AAT is merely a 3rd party fo the contract between a
labour hire firm, and a labour hire employee.
 
Given the public interest surrounding the use of labour hire firms
throughout the public service, I again request that the FOI fee be waived
in this instance. Please acknowledge this request for a fee waiver.
 
Yours sincerely,
 
John Smith
 
-----Original Message-----
 
Our reference: RQ20/01254
Agency reference: 2020/0016
 
 
 
Mr John Smith
 
Sent by email: [1][FOI #6163 email]
 
Extension of time application by the Administrative Appeals Tribunal
 
Dear Mr Smith
 
 
 
I write to advise that on 18 March 2020, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Administrative Appeals Tribunal (the AAT) for an extension of time to
process your FOI request of 17 February 2020.
 
 
 
The AAT has applied for an extension of time under s15AB of the Freedom
of Information Act 1982 (Cth) because your request is considered to be
voluminous and complex.
 
 
 
The AAT has advised the OAIC that:
 
 
 
·        the AAT has consulted with you under s 24AB of the FOI Act and
has given you two opportunities to narrow your request
 
·        whilst the request has been narrowed, there are still aspects of
this request which are complex and voluminous
 
·        further consultation is required, particularly as the request is
likely to capture personal information and business information
 
·        part 3 of this request involves retrieving information from the
AAT’s finance database which is not designed to extract the particular
information which has been requested in isolation, and
 
·        parts 5, 6 and 8 of this request involve searches of the inboxes
of individual AAT staff.
 
The AAT has requested an extension to 20 April 2020. The decision maker
will take any comments you may have to make into account when deciding the
application.
 
 
 
Please respond to this email by close of business 25 March 2020. Please do
not hesitate to contact us before this date should you require further
time to provide your response. If I do not hear from you by this date, the
decision maker will proceed to make a decision on the basis of the
information provided to the OAIC by the AAT.
 
 
 
You will be notified of the decision once the matter has been finalised.
 
 
 
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
 
Contact
 
If you have any questions, please contact me on (02) 9284 9861 or via
email [3][email address]. In all correspondence please include
reference number at the top of this email.
 
 
 
Yours sincerely
 
 
 
[4]OAIC   Tahnee De Souza  |  Assistant
Review and Investigation
Adviser
 
Freedom of information
 
Office of the Australian
Information Commissioner
 
GPO Box 5218 Sydney NSW 2001  |
  [5]oaic.gov.au
 
+61 2 9284 9861  | 
[6][email address]
[10]Subscribe [11]Subscribe to
[7]Facebook | [8]LinkedIn | [9]Twitter |   icon Information
Matters
 
 
 
 
 
 
 
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Shelley Napper,

6 Attachments

Our reference: RQ20/01254

Agency reference: 2020/0016

Mr John Smith

 

Sent by email: [1][FOI #6163 email]

Extension of time under s 15AB

Dear Mr Smith

Please find attached my decision in relation to the Administrative Appeals
Tribunal’s application for an extension of time to process your FOI
request.

 

Kind regards

 

[2][IMG]   Shelley Napper  |  Assistant
Director (A/g)

Freedom of information

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

+61 2 9284 9721  | 
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References

Visible links
1. mailto:[FOI #6163 email]
2. https://www.oaic.gov.au/
3. http://www.oaic.gov.au/
4. mailto:[email address]
5. http://www.facebook.com/OAICgov
6. https://www.linkedin.com/company/office-...
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Dear Mr Smith,

 

I refer to my email sent to you on 19 March 2020 notifying you that you
are liable to pay a charge for your FOI request.

 

In this notice it states that you must do one of the following, in
writing, before 20 April 2020:

 

•               agree to pay the charge (this will mean that you will not
be entitled to access the requested documents until the full charge is
paid)

•               contend that the charge has been wrongly assessed, or
should be reduced or not imposed and explain your reasons

•               withdraw your request.

 

On 2 April 2020, the Office of the Australian Information Commissioner
(OAIC) responded to the AAT’s request for an extension of time to process
your FOI request. In their response, they also advised us that you had
contacted them regarding your FOI request. The OAIC informed you that you
should contact the AAT directly regarding your FOI request.

 

If you would like to respond to our Charge Notice, please write to us at
[AAT request email] and we will consider your response. You must address any of
the 3 criteria listed above by 20 April 2020.

 

Kind regards,

 

Skye M
Policy Officer

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal and Policy
E:  [1][AAT request email]

 

[2]www.aat.gov.au

 

From: FOI
Sent: Thursday, 19 March 2020 7:44 PM
To: 'John Smith'
Cc: FOI
Subject: RE: Our FOI ref no: 2020/0016 - Notice that you are liable to pay
a charge [SEC=UNCLASSIFIED]

 

Dear Mr Smith,

 

Thank you for your response below.

 

Please find attached a letter notifying you that you are liable to pay a
charge in relation to your Freedom of Information request no. 2020/0016.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal and Policy

E:  [3][AAT request email]       

 

[4]www.aat.gov.au

 

-----Original Message-----
From: John Smith [mailto:[FOI #6163 email]]
Sent: Wednesday, 18 March 2020 1:01 PM
To: FOI
Subject: RE: Our FOI ref no: 2020/0016 - Request consultation
[SEC=UNCLASSIFIED]

 

Dear FOI,

 

Thank you for your correspondence and please narrow the request in the
following ways:

 

3. Please restrict this to the 2019 calendar year as you suggest.

 

5. Please narrow this request to documents between the following specific
senior AAT officers, and any labour hire agency, for the month of October
2019:

- Chris Sutton

- Sera Clemens

 

I note that inefficient record management is not a valid reason for an
agency to claim that an FOI request is in and of itself, an unreasonable
burden on an
agency.(https://idm.net.au/article/0011435-bad-r...).
I do not agree for this request to be refined to exclude deleted or
archived emails.

 

6. Similar to part 5 of my request, please narrow this request to the
following specific senior AAT officers:

- Chris Sutton

- Sera Clemens

 

8. Please narrow this request to only include the emails of the following
AAT senior officers:

- Chris Sutton

- Sera Clemens

 

9. Please narrow this request to only include contracts between the AAT
and Launch Recruitment Pty Ltd, Hays recruitment, Adecco Pty Ltd, Wilson
security; and associated entities of those four companies.

 

As labour hire usage throughout the APS is a matter of significant public
concern and debate, I ask that the processing charge in this instance be
waived.

 

e.g.
https://www.thesaturdaypaper.com.au/news...

 

I also note that inefficient record keeping practices are not a
justification for exorbitant fees claimed in response to an FOI request:
https://idm.net.au/article/0011435-bad-r...

 

Yours sincerely,

 

John Smith

 

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

 

Dear Mr Smith,

 

 

 

Please find attached letter in relation to your FOI request (ref no.

2020/0016).

 

 

 

Kind regards,

 

 

 

Skye M

 

Policy Officer

 

 

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal and Policy

 

E:  [1][AAT request email]       

 

 

 

[2]www.aat.gov.au

 

 

 

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

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

[FOI #6163 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.

 

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

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/
3. mailto:[AAT request email]
4. http://www.aat.gov.au/

hide quoted sections

Dear FOI,

I am not sure why the OAIC has informed you that I have contacted them in relation to this FOI request. I assure you I have not. Perhaps there is confusion due to my name 'john smith' being quite common.

I contend that the charge has been incorrectly assessed. I further revised the request on the 26th of March, and this is not reflected in the charge quoted. Secondly, much of the patently absurd $6,000 charge is a result of inefficient record keeping practices at the AAT.

I note that poor record keeping are not a justification for exorbitant fees claimed in response to an FOI request. https://idm.net.au/article/0011435-bad-r...

Secondly, I contend that the fee ought to be waived in this instance. Labour hire usage throughout the APS is a matter of significant public concern and debate, I ask that the processing charge in this instance be waived. The attached links demonstrate that fact:

https://www.thesaturdaypaper.com.au/news...

https://www.michaelwest.com.au/boomers-v...

Yours sincerely,

John Smith

Dear FOI,

Has my contention been recieved by the department?

Yours sincerely,

John Smith

Dear FOI,

Please confirm whether my contention has been recieved by the department.

Yours sincerely,

John Smith

1 Attachment

Dear Mr Smith,

 

Please find attached a Notice of Decision for your FOI request no.
2020/0016.

 

Kind regards,

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

Principal Registry, Sydney

Legal & Policy

E: [1][AAT request email]

 

[2]www.aat.gov.au

 

-----Original Message-----
From: John Smith [mailto:[FOI #6163 email]]
Sent: Monday, 18 May 2020 10:49 AM
To: FOI
Subject: RE: Our FOI ref no: 2020/0016 - Notice that you are liable to pay
a charge [SEC=UNCLASSIFIED]

 

Dear FOI,

 

Please confirm whether my contention has been recieved by the department.

 

Yours sincerely,

 

John Smith

 

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

 

Dear Mr Smith,

 

 

 

I refer to my email sent to you on 19 March 2020 notifying you that you

are liable to pay a charge for your FOI request.

 

 

 

In this notice it states that you must do one of the following, in

writing, before 20 April 2020:

 

 

 

•               agree to pay the charge (this will mean that you will not

be entitled to access the requested documents until the full charge is

paid)

 

•               contend that the charge has been wrongly assessed, or

should be reduced or not imposed and explain your reasons

 

•               withdraw your request.

 

 

 

On 2 April 2020, the Office of the Australian Information Commissioner

(OAIC) responded to the AAT’s request for an extension of time to process

your FOI request. In their response, they also advised us that you had

contacted them regarding your FOI request. The OAIC informed you that you

should contact the AAT directly regarding your FOI request.

 

 

 

If you would like to respond to our Charge Notice, please write to us at

[AAT request email] and we will consider your response. You must address
any of

the 3 criteria listed above by 20 April 2020.

 

 

 

Kind regards,

 

 

 

Skye M

Policy Officer

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal and Policy

E:  [1][AAT request email]

 

 

 

[2]www.aat.gov.au

 

 

 

From: FOI

Sent: Thursday, 19 March 2020 7:44 PM

To: 'John Smith'

Cc: FOI

Subject: RE: Our FOI ref no: 2020/0016 - Notice that you are liable to pay

a charge [SEC=UNCLASSIFIED]

 

 

 

Dear Mr Smith,

 

 

 

Thank you for your response below.

 

 

 

Please find attached a letter notifying you that you are liable to pay a

charge in relation to your Freedom of Information request no. 2020/0016.

 

 

 

Kind regards,

 

 

 

Skye M

 

Policy Officer

 

 

 

Administrative Appeals Tribunal

 

Principal Registry, Sydney

 

Legal and Policy

 

E:  [3][AAT request email]       

 

 

 

[4]www.aat.gov.au

 

 

 

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

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

[FOI #6163 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.

 

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

 

Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/

hide quoted sections

Dear FOI,

I seek internal review of this decision. The $6,000 charge does not reflect the request to further narrow the scope of the FOI request, made on the 26th of March.

In this decision the decision maker has written that they did not recieve an email on the 26th of March requesting that the scope of the FOI request be narrowed.

The email was recieved by the department. The delivery record for the relevant email can be found here: https://www.righttoknow.org.au/outgoing_...

If the 26th of March email cannot be found within the AAT's records; it (and the delivery record) are both viewable via this link.

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

Yours sincerely,

John Smith

Dear FOI,

It appears what has happened is the narrowing of my FOI request was sent through to the OAIC, instead of the AAT, due the way the righttoknow.com.au platform works.

This appears to be the reason why the department did not recieved the narrowed request. As this seems to be the case, I withdraw this FOI request and will make a separate narrowed request instead.

Thank you for your assistance thus far.

Yours sincerely,

John Smith

Dear Mr Smith,
 
Thank you for your email.
 
I confirm that we have noted the withdrawal of request 2020/0016 and your
request for internal review and no further action will be taken.
 
Kind regards,
Skye M
Policy Officer
 
Administrative Appeals Tribunal
Principal Registry, Sydney
Legal & Policy
E: [1][AAT request email]
 
[2]www.aat.gov.au
 
-----Original Message-----
From: John Smith [[3]mailto:[FOI #6163 email]]
Sent: Monday, 18 May 2020 5:44 PM
To: FOI
Subject: RE: Our FOI ref no: 2020/0016 - Notice of Decision
[SEC=UNCLASSIFIED]
 
Dear FOI,
 
It appears what has happened is the narrowing of my FOI request was sent
through to the OAIC, instead of the AAT, due the way the
righttoknow.com.au platform works.
 
This appears to be the reason why the department did not recieved the
narrowed request. As this seems to be the case, I withdraw this FOI
request and will make a separate narrowed request instead.
 
Thank you for your assistance thus far.
 
Yours sincerely,
 
John Smith
 
-----Original Message-----
 
Dear Mr Smith,
 
 
 
Please find attached a Notice of Decision for your FOI request no.
2020/0016.
 
 
 
Kind regards,
 
 
 
Skye M
 
Policy Officer
 
 
 
Administrative Appeals Tribunal
 
Principal Registry, Sydney
 
Legal & Policy
 
E: [1][AAT request email]
 
 
 
[2]www.aat.gov.au
 
 
 
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #6163 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:
[4]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.
 
-------------------------------------------------------------------
 
Important: This message and any attachments may contain confidential or
legally privileged information. If the message was sent to you by mistake,
please delete all copies and notify the AAT by return email. Any review,
retransmission, dissemination or other use of this information by persons
or entities other than the intended recipient is prohibited and may
attract criminal penalties.

References

Visible links
1. mailto:[AAT request email]
2. http://www.aat.gov.au/
3. mailto:[FOI #6163 email]
4. https://www.righttoknow.org.au/help/offi...

hide quoted sections

John Smith left an annotation ()

Request withdrawn and remade, with narrower scope