Documents held by Clare Mclean and Gordon de Brouwer
Dear Australian Public Service Commission,
Under the FOI Act, I seek access to any email documents contained of Clare Mclean’s and Gordon de Brouwer APSC issued email accounts that contains the word ‘Miragaya’.
Documents failing within the scope of my request can be readily identified by searching Ms Mclean’s and Dr de Brouwer’s APSC issued email accounts (including sent and archived emails) using the search term ‘Miragaya’.
Unless they’ve been destroyed in the commission of a criminal offence under s.24 of the Archives Act, there’ll be a number of documents that fall within the scope of my request.
In accordance with paragraphs 6.153 and 6.154 of the FOI Guidelines I consent to the redaction of the personal information of any person contained within a relevant document except where that person is a public servant or statutory officer.
Given the APSC’s recent history of engaging in, and covering up, politically-motivated corruption, I request that, to the extent possible, the APSC decision-maker for this FOI application process it as if they were an honest and apolitical public servant that conducts themselves with integrity.
I can provide detailed supporting information that goes to the wide public interest in the documents the subject of this FOI application on request, in response to a charges notice or otherwise.
Thanks
WC
OFFICIAL
Dear WC
Freedom of Information request number: LEX 801
We refer to your request for access to documents under the Freedom of Information Act 1982 (Cth) (FOI Act).
We received your request on 1 February 2024 and the 30 day statutory period for processing your request commenced from the day after that date. A decision is due to you on Monday, 4 March 2024.
Please note that subject to certain exemptions, information released under the FOI Act may be published on the Commission’s disclosure log which can be found here.
We also note your comments provided in your FOI request:
"Given the APSC’s recent history of engaging in, and covering up, politically-motivated corruption, I request that, to the extent possible, the APSC decision-maker for this FOI application process it as if they were an honest and apolitical public servant that conducts themselves with integrity.
I can provide detailed supporting information that goes to the wide public interest in the documents the subject of this FOI application on request, in response to a charges notice or otherwise."
We would like to remind you that the Commission processes all FOI applications in line with the FOI Act and will release requested information where no exemptions apply. Where exemptions do apply and information is not released the Commission provides the applicants of reasons why the exemptions are applied. Noting this, we request that any further communication from you is solely in relation to your FOI request (LEX 801). We advise that any commentary on the Commission's employees and integrity will be interpreted as harassment and will not be tolerated by the Commission.
Should you wish to make a formal complaint regarding any previous FOI decisions made to you by the Commission, please direct your complaint to the OAIC following the instructions on their website.
If you have any questions, please contact [email address].
Kind 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
This email and any attachments may contain confidential or legally privileged information, and neither are waived or lost if the email has been sent in error. If you have received this email in error, please delete it (including any copies) and notify the sender. Please consult with APSC Legal Services before using disclosing any part of this email or attachments to a third party.
Thanks for the gratuitous acknowledgement.
Allow me to return serve.
It’s disappointing that the APSC is continuing with its strategy, as introduced under the direction of former Public Service Commissioner, John Lloyd, of silencing, gaslighting, threatening and persecuting persons with sufficient courage to call out politically motivated and other public sector corruption.
Because under the APSC’s stewardship that approach has served Australia so well over the past decade when it comes to matters of public sector integrity and corruption!!!
If Ms Mclean and Dr de Brouwer have nothing to hide, they have nothing to fear.
Moreover, if anyone at the APSC is uncomfortable giving effect to the obligations imposed on them by the Public Service Act including to conduct themselves accountably, ethically, apolitically and with integrity – I suggest they seek alternative employment.
OFFICIAL
Dear WC
Freedom of Information request: LEX 801
We refer to your Freedom of Information (FOI) request for access to “any email documents contained of Clare McLean’s and Gordon de Brouwer APSC issued email accounts that contains the word ‘Miragaya’”.
We note that a number of documents have been captured as part of your request. So that we can continue to process your request, we would be grateful if you could assist in clarifying the following:
• Is there a particular date range you are seeking?
• Are you happy to exclude duplicate documents from your request?
• Noting that your request as it is currently framed is quite broad, would you be able to advise if there is a particular document you are seeking?
We would be grateful if you could provide a response to us by COB Thursday, 29 February 2024.
If you have any questions in relation to this email, please contact [email address].
Kind 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
This email and any attachments may contain confidential or legally privileged information, and neither are waived or lost if the email has been sent in error. If you have received this email in error, please delete it (including any copies) and notify the sender. Please consult with APSC Legal Services before using disclosing any part of this email or attachments to a third party.
Dear FOI,
In response to you questions:
“Is there a particular date range you are seeking?”
I’m willing to confine my request to relevant emails from 1 July 2023 onwards.
“Are you happy to exclude duplicate documents from your request?”
Yes.
“Noting that your request as it is currently framed is quite broad, would you be able to advise if there is a particular document you are seeking?”
It’s not broad – it’s highly specific. ‘Miragaya’ is hardly a commonly used word and there’s no one at the APSC with that name. And now, at your request, my FOI application is further confined to only relevant emails from the last 8 months.
As previously mentioned, if Ms Mclean Dr de Brouwer have nothing to hide, they've nothing to fear. I’m happy to set out the wide public interest in the documents the subject of my request in response to a practical refusal notice, a preliminary charges notice and/or a request for internal review of an access refusal decision.
Yours sincerely,
WC
OFFICIAL
Dear WC,
Freedom of Information request: LEX 801
Thank you for your response and for clarifying the scope of your request.
We confirm that you are seeking access to the following documents:
“… any email documents contained of Clare Mclean’s and Gordon de Brouwer
APSC issued email accounts that contains the word ‘Miragaya’.”
Thank you also for clarifying your request to include only documents from
1 July 2023 onwards, and that you consent to excluding duplicate
documents.
We note that the scope of your recent FOI request includes one or more
documents containing personal information about one or more third parties.
In accordance with sections 27 and 27A of the Freedom of Information Act
1982 (FOI Act), the Commission is required to consult with relevant third
parties about the disclosure of their personal information. The timeframe
for responding to your request is therefore extended by 30 days under
subsection 15(6) of the FOI Act. A decision will be due to you by 3^rd
April 2024.
Kind Regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
w: [1]www.apsc.gov.au
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delete it (including any copies) and notify the sender. Please consult
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attachments to a third party.
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OFFICIAL
Dear WC
Freedom of Information request: LEX 801
We refer to our most recent correspondence dated 4 March 2024 in which we
advised that a 30 day extension under section 27 and 27A of the Freedom of
Information Act 1982 (FOI Act) was applied so that the Commission could
undertake necessary consultations with third parties identified in your
request.
Due to the nature of the request, the Commission is still in the process
of undertaking the relevant consultations and wish to seek an extension of
time from you to finalise the consultations. Section 15AA of the FOI Act
allows an agency to extend the due date of the request by no more than 30
days with the written agreement from the Applicant. So that the Commission
can ensure all relevant consultations are undertaken, the Commission would
kindly like to request an extension of 30 days to process your request.
Can you please let us know by COB Wednesday, 27 March 2024, if you are
agreeable to the Commission’s request for an extension of time.
If you have any questions, please contact [1][email address].
Kind 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
w: [2]www.apsc.gov.au
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This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
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return email informing them of the mistake and delete all copies of the
message from your computer system.
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Dear FOI,
While you’ve not given any particular reasoning to support your request (for example, that it’s complex or voluminous, (noting that it's not), I agree to an extension of seven days such that your decision is due on 10 April 2024.
UNOFFICIAL
UNOFFICIAL
Dear Applicant,
Please find attached decision notice in relation to your FOI request.
Kind regards,
FOI OFFICER
Legal Services
Australian Public Service Commission
Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601
w: [1]www.apsc.gov.au
[2]three hexagons[3]twitter icon [4]facebook
icon [5]cid:image006.png@01DA7EC9.163ACED0
This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.
______________________________________________________________________
IMPORTANT: This message, and any attachments to it, contains information
that is confidential and may also be the subject of legal professional or
other privilege. If you are not the intended recipient of this message,
you
must not review, copy, disseminate or disclose its contents to any other
party or take action in reliance of any material contained within it. If
you
have received this message in error, please notify the sender immediately
by
return email informing them of the mistake and delete all copies of the
message from your computer system.
______________________________________________________________________
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Our reference: RQ24/01164
Agency reference: LEX 801
Australian Public Service Commission
W C
Extension of time under s 15AB
Dear Parties,
Please find attached an extension of time decision relating to the above
referenced FOI request.
Kind regards,
[1][IMG] Lakshmi Gopinath (she/her)
A/g Assistant Director | Freedom of Information Branch
Office of the Australian Information Commissioner
GPO Box 5288 Sydney NSW 2001
P 1300 363 992 E [2][email address]
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Daniel S Day left an annotation ()
Hi WC,
You might be interested to know that the Australian National Audit Office (ANAO) is conducting a performance audit into the effectiveness of the Australian Public Service Commission's administration of statutory functions relating to upholding high standards of integrity and ethical conduct in the Australian Public Service.
Three audit criteria have been identified by the ANAO, which are
a) has the APSC effectively promoted the APS Values and Code of Conduct?
b) has the APSC effectively monitored and evaluated agencies’ implementation of the APS Values and Code of Conduct?
c) has the APSC effectively contributed to stewardship of the APS?
The ANAO is currently accepting contributions from members of the public in respect of its audit: https://www.anao.gov.au/work/performance.... The ANAO intends to accept contributions until 29 February 2024 but may change that date at any time.
I do not know if it is actually the case (and am not necessarily suggesting it is actually the case) but if you do have evidence of "politically-motivated corruption" that falls within the scope of the ANAO audit, you would be wise to contribute to the audit for the benefit of Australian community.
DSD