Decision notice dated 31 August 2023
Dear Commonwealth Ombudsman,
On 12 March 2024, in matter NSD 1076/2023 – Eli Turner v Commonwealth Ombudsman, Justice Perry of the Federal Court of Australia issued, by order:
a) a writ of certiorari quashing the decision of a delegate of the Commonwealth Ombudsman dated 31 August 2023; and
b) a writ of mandamus directing the Commonwealth Ombudsman to determine Mr Turner’s application according to law.
(https://comcourts.gov.au/file/Federal/P/...)
Prior to the issuance of the writs, the Commonwealth Ombudsman conceded that the decision dated 31 August 2023 is affected by jurisdictional error because the delegate erred in the exercise of their discretion by concluding that the “Office is limited to considering the reported conduct, rather than the impact of the abuse” and that this error was material.
Under the FOI Act 1982 (Cth), I request access to the decision notice (including the reasons in support of the decision), dated 31 August 2023, which was affected by jurisdictional error.
Yours faithfully,
Robert
OFFICIAL
Our ref: FOI-2024-80046
Dear Robert,
Freedom of Information request – Acknowledgment
I acknowledge receipt of your email dated 30 November 2024 to the Office
of the Commonwealth Ombudsman (the Office), in which you requested access
to documents under the Freedom of Information Act 1982 (FOI Act). Your
request for documents was in the following terms:
“On 12 March 2024, in matter NSD 1076/2023 – Eli Turner v Commonwealth
Ombudsman, Justice Perry of the Federal Court of Australia issued, by
order:
a) a writ of certiorari quashing the decision of a delegate of the
Commonwealth Ombudsman dated 31 August 2023; and
b) a writ of mandamus directing the Commonwealth Ombudsman to determine Mr
Turner’s application according to law.
([1]https://comcourts.gov.au/file/Federal/P/...)
Prior to the issuance of the writs, the Commonwealth Ombudsman conceded
that the decision dated 31 August 2023 is affected by jurisdictional error
because the delegate erred in the exercise of their discretion by
concluding that the “Office is limited to considering the reported
conduct, rather than the impact of the abuse” and that this error was
material.
Under the FOI Act 1982 (Cth), I request access to the decision notice
(including the reasons in support of the decision), dated 31 August 2023,
which was affected by jurisdictional error.”
Third party consultation
We are actively processing your FOI request and as a result of internal
consultations we have identified a document within scope. The document
captured in the scope of your request refers to personal information of a
third party. I have formed the view that this third party may wish to make
exemption contentions in accordance to section 27A of the FOI Act.
As I have determined that a consultation requirement applied, the time to
provide you with a decision on your FOI request has been extended by 30
days pursuant to s15(6) of the FOI Act.
Timeframes
The FOI Act requires us to provide notice of a decision on your request
within 30 days from the date we received a valid FOI request. With the s
27A extension of time, a decision for your request will be provided to you
on or before 29 January 2024. This 30-day period may be extended with your
consent or for other reasons. We will let you know if this happens.
If you have any questions, you may contact me via email at
[2][email address]
Kind regards,
Legal Team
Legal
Defence, Investigations, ACT & Legal Branch
1300 362 072
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The Office of the Commonwealth Ombudsman acknowledges the Traditional
Owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to Elders past and
present.
Artwork by Kevin Bynder, Whadjuk Nyungar Badimia Yamatji Artist.
The Office of the Commonwealth Ombudsman acknowledges the traditional
owners of country throughout Australia and their continuing connection to
land, culture and community. We pay our respects to elders past and
present.
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